A directed verdict ends an issue at trial without letting the jury decide it, and in Georgia it is granted only when the evidence points one way.
When the Motion Is Made
Under OCGA 9-11-50(a), a motion for a directed verdict “may be made at the close of the evidence offered by an opponent or at the close of the case,” and it “shall state the specific grounds therefor.” Grounds left out of the motion cannot be raised later on appeal.
The Standard
The same subsection sets the test: “If there is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions therefrom, shall demand a particular verdict, such verdict shall be directed.” A conflict in the testimony defeats the motion, because resolving conflicts is the jury’s job.
Examples in Family Law Cases
For example, in Moore v. Moore, 281 Ga. 81 (2006), a wife claimed her husband had fraudulently conveyed assets to a family corporation. She “failed to present any evidence from which the jury could have reasonably inferred that a specific conveyance” was fraudulent, so the Georgia Supreme Court held the directed verdict for the corporation was correct.
By contrast, in Allen v. McGuire, 339 Ga. App. 219 (2016), a father’s custody modification case was cut short by a directed verdict for failure to show a material change in circumstances. The Court of Appeals reversed. An earlier custody ruling in another county was preclusive on that point and “was sufficient to overcome” the motion.
Motions After the Verdict
OCGA 9-11-50(b) requires a motion for directed verdict at the close of all the evidence before a party may move for judgment notwithstanding the verdict, and that motion must be filed “not later than 30 days after entry of judgment.”
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!