This is: 1) an error during trial that is (2) a substantial and not harmless error which is (3) the subject of a specific and timely objection unless (4) the error is plain. The judge may assess witness credibility and weigh evidence. Jury verdict on issue, claims, defense, amount of damages, or entire case was against great weight of the evidence. Court will ignore evidence & testimony put forth by movant.Will act similarly to above, except court will look only at evidence & testimony presented by nonmovant.Used by some state courts and in certain instances by federal courts. ![]() (Thus, a rebuttable inference of fact put forth by the nonmovant must yield to credible evidence of the actual occurrence.)
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