Code of Civil Procedure section 630 directed verdict motion in California

A Code of Civil Procedure section 630 directed verdict motion in California is the topic of this blog post. Directed verdict motions in California are only used in jury trials.

Motions for directed verdict are very similar to motions for nonsuit in that a motion for directed verdict basically operates as a demurrer to the evidence presented by the opposing party. Either motion will be granted if there is no evidence of sufficient substantiality to support the claim or defense of the party opposing the motion.  However, there are some differences between the two motions in that a motion for directed verdict generally lies after all the parties have completed presentation of evidence in a jury trial. Nonsuit motions are usually made after the plaintiff's evidence is concluded.

Although typically filed by a defendant a motion for directed verdict may also be brought by a plaintiff.

Motions for directed verdict in California are used in order to achieve a judgment as a matter of law. The judgment requested would be in favor of one (or more) parties on all (or some) of the issues in that particular case. The motion is filed after all parties present their evidence and before the matter goes to the jury. The granting of the motion may dismiss a party or decide some (or all) of the issues before the matter goes to a jury. After entry of any judgment in accordance with a directed verdict, the prevailing party can recover its costs of suit pursuant to Code of Civil Procedure § 1038.

Note that a motion for directed verdict is only appropriate when it is clear from the evidence presented, that the party against whom the motion is made, typically a plaintiff or cross-complainant, cannot meet its burden of proof of elements of its claim against the moving party. 

An appropriate example would be a case where there are multiple defendants and the plaintiff is unable to offer sufficient evidence of the identity of a particular party.  Another appropriate example would be when one party believes that the opposing party has made a concession that mandates a result in the first party’s favor.

Note that a motion for directed verdict may be brought even if a motion for nonsuit was previously denied by the court.

In ruling on a motion for directed verdict, the court determines only whether there is no evidence to support a verdict against the moving party. On a motion for directed verdict, the court's decision operates as adjudication on the merits unless otherwise ordered by the court; however the jury must still render a verdict before the decision on the motion for directed verdict can be incorporated in the final judgment.

A California Court of Appeal has stated that filing a motion for directed verdict is proper when there is no conflict in the evidence, and substantial evidence supports a verdict in favor of the moving party.

Attorneys or parties in California who would like to view a portion of a 14 page sample motion for directed verdict including a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proposed order sold by the author can use the link shown below.

Sample motion for directed verdict for California

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.