Overview

The verdict is in, but the case is not over. Post-trial motions can protect a favorable verdict, challenge an inadequate one, or set up an appeal.

Key takeaway
Post-trial motions include JNOV (challenging the sufficiency of evidence), new trial motions (seven statutory grounds), additur (increasing inadequate awards), remittitur (reducing excessive awards), and costs motions. Prejudgment interest under CCP 3291 applies when a rejected 998 offer leads to a better verdict.

Overview of Post-Trial Practice

The Post-Verdict Landscape

After the jury returns a verdict, both sides have the right to seek modification or reversal through post-trial motions. The timeline is compressed -- most deadlines run from the date of entry of judgment, not from the date of the verdict. Understanding and calendaring these deadlines is essential.

Process flow

See the interactive flowchart on this page.

Critical Deadlines Summary

Motion/ActionDeadlineAuthority
Notice of intention to move for new trial15 days after mailing of notice of entry of judgment, or 180 days after entry of judgmentCCP 659
Motion for JNOV15 days after mailing of notice of entry of judgment, or 180 days after entry of judgmentCCP 629
Memorandum of costs15 days after mailing of notice of entry of judgmentCRC 3.1700
Motion to tax costs15 days after service of memorandum of costsCRC 3.1700
Notice of appeal60 days after mailing of notice of entry of judgment, or 180 days after entry of judgmentCRC 8.104
These Deadlines Are Jurisdictional
Post-trial deadlines are strictly enforced. Missing the deadline to file a notice of intention to move for new trial or JNOV results in an irrevocable waiver of the right. Calendar every deadline immediately upon entry of judgment and build in buffer time.

Judgment Notwithstanding the Verdict (JNOV)

What Is JNOV?

A judgment notwithstanding the verdict (JNOV) under CCP 629 asks the court to enter judgment in favor of the moving party despite the jury's verdict for the other side. It asserts that the verdict is not supported by substantial evidence.

Standard of Review

The court applies the same standard as a motion for directed verdict (now called a motion for nonsuit): the evidence must be viewed in the light most favorable to the non-moving party, and the motion is granted only if no substantial evidence supports the verdict. (Sweatman v. Department of Veterans Affairs (2001) 25 Cal.4th 62.)

This is an extremely high bar. JNOV motions are rarely granted because the court is essentially overriding the jury's factual findings.

Procedural Requirements

  1. Prerequisite: The moving party must have made a motion for directed verdict or nonsuit during trial (CCP 629). Failure to do so waives the right to move for JNOV.
  2. Timing: Notice of intention to move for JNOV must be filed within 15 days after mailing of the notice of entry of judgment, or within 180 days after entry of judgment, whichever is earlier (CCP 629).
  3. Hearing: The motion must be heard within 60 days after mailing of the notice of entry of judgment (CCP 629).

Opposing a Defense JNOV Motion

When the defense moves for JNOV after a plaintiff's verdict:

  • Standard is your friend. Remind the court that JNOV requires there to be NO substantial evidence supporting the verdict. If any reasonable jury could have found for the plaintiff, the motion must be denied.
  • Identify substantial evidence. Walk through each element of the claim and identify the specific testimony and exhibits that support the jury's findings.
  • Defer to the jury. The jury heard the witnesses, evaluated credibility, and weighed the evidence. JNOV is not an opportunity for the court to re-weigh evidence.

Filing a Plaintiff's JNOV Motion

If the defense received a verdict on a particular issue (e.g., comparative fault allocation), you can move for JNOV on that issue if the evidence does not support it. This is less common but available when the defense verdict on a specific question lacks any evidentiary support.

Practice Tip: Always move for directed verdict at the close of the defense case, even if you do not expect it to be granted. This preserves your right to move for JNOV post-trial and to raise sufficiency of evidence on appeal. It takes only a moment and protects a critical appellate right.

Motion for New Trial

Statutory Framework (CCP 657)

CCP 657 enumerates seven grounds for a new trial:

  1. Irregularity in the proceedings of the court, jury, or adverse party, or any order of the court or abuse of discretion preventing a fair trial
  2. Misconduct of the jury
  3. Accident or surprise that ordinary prudence could not have guarded against
  4. Newly discovered evidence that could not have been discovered with reasonable diligence before trial
  5. Excessive or inadequate damages
  6. Insufficiency of the evidence to justify the verdict
  7. Error in law occurring at the trial and excepted to by the party making the application

Timing and Procedure

  • Notice of intention: Must be filed within 15 days after mailing of notice of entry of judgment, or 180 days after entry of judgment (CCP 659)
  • Memorandum of grounds: Must be filed within 10 days after filing the notice of intention (CCP 659a)
  • Hearing: Must be heard within 60 days after mailing of the notice of entry of judgment (CCP 660)
  • If no ruling: If the court does not rule within 60 days, the motion is deemed denied by operation of law (CCP 660)

Ground 5: Excessive or Inadequate Damages

This is the most common basis for new trial motions in PI cases. For plaintiff attorneys, an inadequate damages verdict can be challenged:

Arguing Inadequate Damages:
  • Compare the verdict to the undisputed medical specials. If the jury awarded less than the documented economic damages, the verdict is inadequate as a matter of law.
  • Compare the noneconomic damages award to the severity of the injuries. A nominal noneconomic damages award for a plaintiff with permanent injuries and ongoing pain is inadequate.
  • Cite comparable verdicts and case law establishing a floor for damages in similar cases.
Defending Against Excessive Damages Claim:
  • The jury has wide discretion in setting damages.
  • The verdict falls within the range supported by the evidence.
  • The defense had the opportunity to argue for lower damages and the jury rejected that argument.
  • Excessive damages findings are reversed only when the award is "so grossly excessive as to shock the moral sense." (Seffert v. Los Angeles Transit Lines (1961) 56 Cal.2d 498.)

Ground 1: Irregularity in Proceedings

This ground covers a wide range of errors:

  • Juror misconduct (improper outside research, discussions during trial, consideration of extraneous material)
  • Improper communications between parties and jurors
  • Defense counsel's misconper argument or conduct
  • Errors in courtroom procedure

Ground 7: Error in Law

Covers legal errors such as:

  • Incorrect jury instructions given or requested instructions improperly refused
  • Erroneous evidentiary rulings
  • Improper exclusion or admission of evidence
  • Errors in applying the burden of proof
Specification of Grounds
CCP 659a requires that the notice of intention or supporting memorandum specify the grounds for the new trial motion. Failure to specify grounds waives them. Be thorough in identifying every basis for the motion.

Additur and Remittitur

Additur (Increasing the Verdict)

Additur is the court's power to increase a jury's damages award as an alternative to granting a new trial on damages. Under CCP 662.5, if the court finds the damages inadequate, it may condition the denial of a new trial on the defendant's consent to an increased award.

Procedure:
  1. Plaintiff moves for new trial on ground of inadequate damages
  2. Court finds damages inadequate
  3. Rather than ordering a new trial, court specifies an increased amount
  4. Defendant may accept the increased amount or face a new trial
California authority: Additur is permitted in California. (Dorsey v. Barba (1952) 38 Cal.2d 350.)

Remittitur (Reducing the Verdict)

Remittitur is the court's power to reduce a jury's damages award. Under CCP 662.5, if the court finds the damages excessive, it may condition the denial of a new trial on the plaintiff's consent to a reduced award.

Procedure:
  1. Defense moves for new trial on ground of excessive damages
  2. Court finds damages excessive
  3. Rather than ordering a new trial, court specifies a reduced amount
  4. Plaintiff may accept the reduced amount or face a new trial
Defending against remittitur:
  • The standard for excessive damages is "whether the amount is so large as to shock the conscience and suggest passion, prejudice, or corruption" (Seffert v. Los Angeles Transit Lines (1961) 56 Cal.2d 498)
  • Present comparable verdict data from similar cases
  • Demonstrate that each component of the award is supported by evidence
  • Argue that the jury was properly instructed and the award reflects their considered judgment
Key Takeaway: Additur and remittitur are judicial tools for adjusting damages without the expense of a full new trial. For plaintiff attorneys, additur is a powerful remedy for inadequate verdicts. However, always preserve the right to a new trial as an alternative -- sometimes starting fresh is preferable to a court-imposed increase.
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Memorandum of Costs

Filing Requirements

Under California Rules of Court, Rule 3.1700, the prevailing party must file and serve a memorandum of costs within 15 days after the date of mailing of the notice of entry of judgment.

Recoverable Costs in PI Cases

CCP 1033.5 lists recoverable costs. Common items in PI cases include:

Cost ItemAuthorityNotes
Filing and motion feesCCP 1033.5(a)(1)Mandatory cost item
Jury feesCCP 1033.5(a)(1)Mandatory
Deposition costsCCP 1033.5(a)(3)Transcription, video, travel
Service of processCCP 1033.5(a)(4)Personal service, substitute service
Witness feesCCP 1033.5(a)(7)Statutory witness fees
Expert witness feesCCP 1033.5(a)(8)If ordered by the court
Models, enlargements, photocopiesCCP 1033.5(a)(13)Exhibits, demonstratives
Court reporter feesCCP 1033.5(a)(11)If not provided by court
Travel expensesCCP 1033.5(c)(2)Discretionary
Electronic presentation costsCCP 1033.5(c)(2)Discretionary

Cost Items Not Allowed

CCP 1033.5(b) lists items that are NOT allowable costs:

  • Investigation expenses (CCP 1033.5(b)(2))
  • Postage, telephone, and photocopying (generally -- see exceptions) (CCP 1033.5(b)(3))
  • Fees for experts not ordered by the court (CCP 1033.5(b)(1))

Preparing the Memorandum

  • [ ] Gather all receipts, invoices, and billing statements for recoverable costs
  • [ ] Organize costs by category per CCP 1033.5
  • [ ] Calculate totals for each category
  • [ ] Prepare and file the memorandum on Judicial Council form MC-010
  • [ ] Attach worksheets detailing the costs claimed
  • [ ] Serve on all parties
Track Costs Throughout Litigation
Do not wait until after trial to compile costs. Maintain a running cost ledger from the beginning of the case. This makes the memorandum of costs accurate and easier to defend against a motion to tax.

Motion to Tax Costs

Challenging the Defense's Cost Claim

If the defense prevails (which is rare in our practice but happens), they will file a memorandum of costs. You have 15 days after service to file a motion to tax (strike or reduce) specific cost items.

Defending Against a Motion to Tax Plaintiff's Costs

When the defense moves to tax your costs:

  • Burden of proof: The burden shifts depending on the item. For mandatory cost items (CCP 1033.5(a)), the defense must show the costs were not reasonably necessary. For discretionary items (CCP 1033.5(c)), you must show they were reasonably necessary and reasonable in amount.
  • Provide documentation: Attach invoices, receipts, and declarations supporting each contested cost item.
  • Be reasonable: If you included a cost item that is legitimately questionable, consider withdrawing it voluntarily to maintain credibility on the items that matter.

Prejudgment Interest (CCP 3291)

Statutory Framework

CCP 3291 provides that in personal injury actions, the plaintiff may recover prejudgment interest at the rate of 10% per annum from the date of the initial complaint if:

  1. The plaintiff made a CCP 998 settlement offer
  2. The defendant failed to accept the offer
  3. The plaintiff obtained a judgment more favorable than the 998 offer

Calculating Prejudgment Interest

Formula: Prejudgment interest = (Damages award) x (10% annual rate) x (Number of days from complaint to judgment / 365) Example:
  • Damages award: $1,000,000
  • 998 offer: $500,000 (not accepted)
  • Complaint filed: January 1, 2023
  • Judgment: January 1, 2026 (3 years = 1,095 days)
  • Prejudgment interest: $1,000,000 x 0.10 x (1,095/365) = $300,000
998 Offer Is Required
Prejudgment interest under CCP 3291 requires a prior CCP 998 offer. If no 998 offer was made, prejudgment interest is not available under this section. Always serve a 998 offer early in the case and document its rejection. This is standard Wise Law practice in every PI case.

When to Serve the 998 Offer

  • Serve the 998 offer as early as reasonably possible to maximize the interest period
  • The offer must be reasonable and made in good faith (Elrod v. Oregon Cummins Diesel, Inc. (1987) 195 Cal.App.3d 692)
  • If the case value increases significantly, serve a new 998 offer reflecting the updated value

Prejudgment Interest in Personal Injury vs. Contract Cases

In contract actions, prejudgment interest runs from the date the damages were certain or capable of being made certain (Civ. Code 3287). In PI actions, CCP 3291 provides the specific mechanism tied to the 998 offer. Do not confuse the two frameworks.

Practice Tip: In every PI case, serve a CCP 998 offer within the first year of litigation. Even if you believe the case will settle, the 998 offer preserves your client's right to prejudgment interest if the case goes to trial. The cost of serving the 998 is negligible; the benefit can be hundreds of thousands of dollars.

Post-Judgment Interest

Automatic Accrual

Under CCP 685.010, interest accrues on a money judgment from the date of entry of judgment at the rate of 10% per annum. This interest accrues automatically -- no motion or request is required.

Calculation

Post-judgment interest = (Judgment amount) x (10%) x (Days from entry to satisfaction / 365)

Strategic Significance

Post-judgment interest creates significant pressure on the defense to satisfy the judgment promptly. At 10% annually, a $1 million judgment accrues $100,000 per year in interest. This is a powerful settlement tool during post-trial negotiations.

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Enforcement of Judgment

Methods of Enforcement

If the defendant does not voluntarily satisfy the judgment, California provides several enforcement mechanisms:

Writ of Execution (CCP 699.010 et seq.):

A writ of execution directs the sheriff to levy on the defendant's assets. Assets that can be levied include bank accounts, personal property, and real property.

Abstract of Judgment (CCP 697.310):

Recording an abstract of judgment creates a lien on the defendant's real property in the county where recorded. This lien attaches to all real property the defendant owns or later acquires in that county.

Judgment Debtor Examination (CCP 708.110):

If you cannot locate the defendant's assets, you can compel the judgment debtor to appear in court and answer questions under oath about their assets, income, and property.

Assignment Order (CCP 708.510):

The court can order assignment of the defendant's rights to payments from third parties, including accounts receivable, rents, and contract payments.

Keeper Levy (CCP 700.070):

For business defendants, the sheriff can place a "keeper" at the business location to collect revenues until the judgment is satisfied.

Insurance Coverage

In most PI cases, the judgment will be satisfied by the defendant's liability insurer. If the verdict exceeds the policy limits:

  • The insurer pays up to the policy limits
  • The defendant is personally responsible for the excess
  • Consider a bad faith claim against the insurer if they unreasonably failed to settle within policy limits. See Insurance Bad Faith

Appeal Considerations

Timing

Under California Rules of Court, Rule 8.104, a notice of appeal must be filed within 60 days after the superior court clerk serves notice of entry of judgment, or within 180 days after entry of judgment, whichever is earlier.

Preserving Appellate Rights

Throughout trial and post-trial proceedings, ensure you have preserved every issue for appeal:

  • [ ] Timely objections with specific legal grounds stated on the record
  • [ ] Offers of proof for excluded evidence (Evid. Code 354)
  • [ ] Objections to improper jury instructions
  • [ ] Motion for directed verdict (preserves sufficiency of evidence arguments)
  • [ ] Motion for new trial (required to raise some issues on appeal)
  • [ ] Request for statement of decision in bench trial

Strategic Considerations for Appeal

Should you appeal a defense verdict?
  • What is the likelihood of reversal? Appellate courts apply deferential standards of review to factual findings.
  • Can you identify a specific legal error that affected the outcome?
  • What is the cost of appeal (typically $50,000-$150,000 in attorney fees)?
  • What is the time delay (typically 18-36 months in California)?
  • Would a retrial likely produce a better result?
Defending a plaintiff's verdict on appeal:
  • The standard of review favors you on factual findings (substantial evidence)
  • Preserve the record at trial by making timely objections
  • File a comprehensive opposition to any new trial motion to build the appellate record
  • Monitor appellate deadlines and respond to all defense filings promptly
Stay of Execution Pending Appeal
A defendant who appeals can seek a stay of execution of the judgment. Under CCP 917.1, the stay is automatic if the defendant posts a bond or undertaking in the amount of the judgment plus estimated interest and costs. Monitor any stay bond to ensure it is adequate.

Post-Trial Timeline and Deadlines

Critical Dates After Entry of Judgment

Days After EntryAction Item
Day 1Calendar all post-trial deadlines
Day 15Deadline: Notice of intention for new trial / JNOV
Day 15Deadline: Memorandum of costs
Day 25Deadline: Memorandum of grounds for new trial (10 days after notice)
Day 30Deadline: Motion to tax costs (15 days after costs served)
Day 60Deadline: Hearing on new trial / JNOV motions
Day 60Deadline: Notice of appeal
Day 60Deadline: Court must rule on new trial motion or it is denied by operation of law
Count Carefully
These deadlines are calculated from the date of mailing of the notice of entry of judgment, not from the date of the verdict. Entry of judgment may occur days or weeks after the verdict. Calculate all deadlines from the correct triggering event and confirm by checking the court's records.

Post-Trial Checklist

Immediately After Verdict

  • [ ] Record the exact verdict on all special verdict form questions
  • [ ] Request polling of the jury if the verdict is unfavorable (CCP 618)
  • [ ] Note any irregularities in the proceedings for potential post-trial motions
  • [ ] Calendar the date for entry of judgment
  • [ ] Begin tracking all post-trial deadlines from the date of notice of entry

Within 5 Days of Entry of Judgment

  • [ ] Calendar all critical post-trial deadlines (see timeline above)
  • [ ] Begin preparing memorandum of costs
  • [ ] Evaluate whether to file a motion for new trial (if verdict is unfavorable or inadequate)
  • [ ] Evaluate whether to file a JNOV motion
  • [ ] If favorable verdict: prepare to oppose anticipated defense post-trial motions
  • [ ] Calculate prejudgment interest under CCP 3291

Within 15 Days of Entry of Judgment

  • [ ] File and serve memorandum of costs
  • [ ] File notice of intention to move for new trial (if applicable)
  • [ ] File notice of intention to move for JNOV (if applicable)
  • [ ] Serve notice of entry of judgment on all parties (to trigger deadlines)

Within 30 Days of Entry of Judgment

  • [ ] File memorandum of grounds for new trial motion
  • [ ] File opposition to defense post-trial motions
  • [ ] File motion to tax costs (if defense costs are unreasonable)
  • [ ] Calculate and claim prejudgment interest

Within 60 Days of Entry of Judgment

  • [ ] Attend hearings on all post-trial motions
  • [ ] If motions denied: prepare for judgment enforcement or appeal
  • [ ] File notice of appeal if necessary
  • [ ] Begin judgment enforcement procedures

Judgment Satisfaction

  • [ ] Coordinate with insurance carrier for policy limits payment
  • [ ] Negotiate any excess judgment against the defendant personally
  • [ ] Satisfy all medical liens from the proceeds
  • [ ] Calculate and deduct attorney fees per the retainer agreement
  • [ ] Distribute net proceeds to the client
  • [ ] File acknowledgment of satisfaction of judgment (CCP 724.010-724.060)
Key Takeaway: Post-trial practice requires the same level of attention and preparation as the trial itself. Missed deadlines, inadequate costs documentation, or failure to preserve appellate rights can undermine even the most impressive jury verdict. Treat the post-trial phase as a distinct project with its own deadlines, deliverables, and strategic considerations.

Cross-References

Common Questions

What happens after the jury reaches a verdict?

Either side may file post-trial motions to challenge the result. The defense may seek judgment notwithstanding the verdict (JNOV) or a new trial. The plaintiff may seek a new trial if the damages are too low, or pursue additur to increase the award. If the verdict stands, the court enters judgment and the winning party can collect.

What is JNOV?

JNOV stands for judgment notwithstanding the verdict. Under CCP section 629, a party can ask the court to enter a different judgment than what the jury returned if the evidence was insufficient to support the verdict. This is a high bar: the court must find that no reasonable jury could have reached the verdict.

Can a jury award be increased after trial?

Yes. Through additur, the court can increase a jury's damages award if it finds the award was inadequate as a matter of law. However, the defendant can opt for a new trial instead of accepting the increased amount. Plaintiffs can also seek a new trial on damages under CCP section 657.

What is prejudgment interest?

Under CCP section 3291, a plaintiff who made a CCP 998 offer that the defendant rejected, and who obtains a more favorable judgment at trial, is entitled to prejudgment interest at 10 percent per year from the date of the 998 offer. This can add a significant amount to the judgment.

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Local Resources

  1. California Code of Civil Procedure § 629. JNOV motion procedure and standards.
  2. California Code of Civil Procedure § 657. Seven grounds for new trial motion.
  3. California Code of Civil Procedure § 662.5. Additur and remittitur procedures.
  4. California Code of Civil Procedure § 3291. Prejudgment interest after rejected 998 offer.
  5. California Rules of Court 3.1700. Memorandum of costs filing requirements.
  6. California Code of Civil Procedure § 1033.5. Allowable and prohibited costs.