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Section 16-37.Reservation of Decision on Motion for Directed Verdict

Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026

In one sentenceWhen a motion for a directed verdict is denied or not granted, the case still goes to the jury subject to later review of the legal questions raised, and after the verdict the moving party can ask the court to set the verdict aside and enter judgment as if the directed verdict had been granted, or the court may order a new trial.

Full Text of Section 16-37

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Whenever a motion for a directed verdict made at any time after the close of the plaintiff’s casein-chief is denied or for any reason is not granted, the judicial authority is deemed to have submitted the action to the jury subject to a later determination of the legal questions raised by the motion. The defendant may offer evidence in the event the motion is not granted, without having reserved the right to do so and to the same extent as if the motion had not been made. After the acceptance of a verdict and within the time stated in Section 16-35 for filing a motion to set a verdict aside, a party who has moved for a directed verdict may move to have the verdict and any judgment rendered thereon set aside and have judgment rendered in accordance with his or her motion for a directed verdict; or if a verdict was not returned such party may move for judgment in accordance with his or her motion for a directed verdict within the aforesaid time after the jury has been discharged from consideration of the case. If a verdict was returned, the judicial authority may allow the judgment to stand or may set the verdict aside and either order a new trial or direct the entry of judgment as if the requested verdict had been directed. If no verdict was returned, the judicial authority may direct the entry of judgment as if the requested verdict had been directed or may order a new trial.

Amendment History

(P.B. 1978-1997, Sec. 321.)

Plain-English Summary

Section 16-37 addresses what happens after a judicial authority denies, or otherwise does not grant, a motion for a directed verdict made any time after the close of the plaintiff’s case-in-chief. The action is deemed submitted to the jury subject to a later determination of the legal questions the motion raised, and the defendant may go on to offer evidence to the same extent as if the motion had never been made, without having reserved that right.

After the jury accepts a verdict, and within the same time allowed by Section 16-35 for a motion to set the verdict aside, the party who moved for a directed verdict may move to have the verdict and any resulting judgment set aside and to have judgment entered in line with the earlier directed-verdict motion. If no verdict was returned, that party may instead move for judgment within the same time period after the jury is discharged. Where a verdict was returned, the judicial authority may let the judgment stand, set the verdict aside and order a new trial, or direct judgment as if the requested verdict had been directed. Where no verdict was returned, the judicial authority may direct judgment as if the requested verdict had been directed, or order a new trial.

Frequently Asked Questions

What happens if my motion for a directed verdict is denied?

The case is deemed submitted to the jury subject to later determination of the legal questions the motion raised, and the party who lost the motion may renew the argument after the verdict under Section 16-37.

Can I still present evidence after a directed verdict motion is denied?

Yes, the defendant may offer evidence if the motion is not granted, to the same extent as if the motion had never been made, without needing to have reserved that right.

How long do I have to renew a directed verdict motion after the jury returns a verdict?

The renewed motion must be made within the same time Section 16-35 allows for a motion to set a verdict aside, which is generally ten days after the verdict is accepted.

What can the court do if it grants the renewed motion?

If a verdict was returned, the judicial authority may let the judgment stand, set the verdict aside and order a new trial, or direct entry of judgment as if the requested verdict had been directed; if no verdict was returned, it may direct judgment as if the requested verdict had been directed or order a new trial.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 16-37). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source
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