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Motions Testing The Sufficiency Of Evidence, Philip A. Trautman
Motions Testing The Sufficiency Of Evidence, Philip A. Trautman
Washington Law Review
Professor Trautman, long a student of Washington's adjective law, analyzes and compares the various motions a Washington attorney may invoke to challenge the sufficiency of an opponent's evidence during and after trial. In comparing the motion for new trial on evidentiary grounds and the motion for judgment n.o.v., he notes and deplores the recent decisions which have made the tests for the two motions identical. Prior to this change, the trial judge could weigh all the evidence and in his discretion grant a new trial if the evidence preponderated against the jury's verdict. Today, he may only determine whether, as …
Motions Testing The Sufficiency Of Evidence, Philip A. Trautman
Motions Testing The Sufficiency Of Evidence, Philip A. Trautman
Washington Law Review
Professor Trautman, long a student of Washington's adjective law, analyzes and compares the various motions a Washington attorney may invoke to challenge the sufficiency of an opponent's evidence during and after trial. In comparing the motion for new trial on evidentiary grounds and the motion for judgment n.o.v., he notes and deplores the recent decisions which have made the tests for the two motions identical. Prior to this change, the trial judge could weigh all the evidence and in his discretion grant a new trial if the evidence preponderated against the jury's verdict. Today, he may only determine whether, as …