Oklahoma § 12-698 - Judgment notwithstanding verdict

§ 12-698. Judgment notwithstanding verdict

When a motion for a directed verdict made at the close of all of

the evidence should have been granted, the court shall, at the

request of the moving party, grant judgment in the moving party's

favor, although a verdict has been found against the moving party,

but the court may order a new trial where it appears that the other

party was prevented from proving a claim or defense by mistake,

accident or surprise. The motion for judgment notwithstanding the

verdict, if made, must be filed not later than ten (10) days after

the judgment, prepared in conformance with Section 696.3 of this

title, is filed with the court clerk. A motion for judgment

notwithstanding the verdict may be joined with a motion for a new

trial. If the moving party did not prepare the judgment, and

Oklahoma Statutes - Title 12. Civil Procedure

Section 696.2 of this title required a copy of the judgment to be

mailed to the moving party, and the court records do not reflect the

mailing of a copy of the judgment to the moving party within three

(3) days, exclusive of weekends and holidays, after the filing of

the judgment, the motion for judgment notwithstanding the verdict

may be filed no later than ten (10) days after the earliest date on

which the court records show that a copy of the judgment was mailed

to the moving party. A motion for judgment notwithstanding the

verdict filed after the announcement of the verdict but before the

filing of the judgment shall be deemed filed immediately after the

filing of the judgment or decree.

R.L. 1910, § 5140. Amended by Laws 1961, p. 64, § 1; Laws 1990, c.

251, § 12, eff. Jan. 1, 1991; Laws 1991, c. 251, § 8, eff. June 1,

1991; Laws 1993, c. 351, § 12, eff. Oct. 1, 1993; Laws 1994, c. 343,

§ 2, eff. Sept. 1, 1994; Laws 1997, c. 102, § 5, eff. May 1, 1997.