The standard permits a new trial where the verdict is against the clear weight of the evidence, even though sufficient evidence existed to support it. The court may weigh evidence and assess credibility, unlike on a judgment motion.
The remedy is a new trial rather than judgment.
Alternative Names:
Against the Weight, Weight of the Evidence Challenge
Why it Matters?
The distinction from sufficiency is that the court may weigh evidence and assess credibility here, which is a materially lower bar than showing no reasonable jury could have found as it did. Pairing both grounds in a post-trial motion is standard, since the weight challenge survives where sufficiency fails. Appellate review of a weight ruling is deferential, so the trial court is effectively the last opportunity.
Frequently Confused with
Related terms
Frequently asked questions
How does this differ from a sufficiency challenge?
Should both grounds be raised?
