At trial, after the plaintiff rests their case, the defendant can motion the court for a directed verdict on the grounds plaintiff failed to meet their burden of proof
Defendant’s motion for directed verdict at trial
Suppose the court denies the defendant’s motion for summary judgment. In that case, the defense will again have another opportunity to dismiss the matter by bringing a motion for a directed verdict at the time of trial after the plaintiff rests its case trial.
The motion for a directed verdict is based on the argument that the plaintiff failed to provide a legally sufficient evidentiary basis for a jury to reach a finding of liability as a matter of law.
These motions are rarely granted, and the court will usually allow the jury to hear the case and determine whether the evidence was sufficient to prove the necessary elements of the plaintiff’s claims.
