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Civil procedure

directed verdict

A directed verdict is a procedure used by judges during trial to dismiss one or more claims when the party with the burden of proof (plaintiff) has failed to introduce evidence that is sufficient for a reasonable jury to find in favor of the party with the burden of proof. A directed verdict is like a summary judgment, but happens during trial rather than before trial.

In Texas, a directed verdict is a legal mechanism by which a judge can rule on a case without the need for the jury to deliberate, based on the premise that no reasonable jury could reach a different conclusion. This typically occurs after the plaintiff (the party with the burden of proof) has presented their case, and the judge determines that the evidence is insufficient to support a legal claim. The Texas Rules of Civil Procedure Rule 268 allows for a directed verdict when the evidence conclusively proves a fact or when there is a lack of evidence to prove a necessary element of the plaintiff's claim. If the motion for a directed verdict is granted, the case is resolved without the jury's input. This differs from a summary judgment, which is decided by the court before the trial begins and is based on the argument that there are no genuine issues of material fact to be resolved at trial.


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