When a motion for a directed verdict made at the close of all of the evidence should have been granted, the court shall, at the request of the moving party, grant judgment in the moving party's favor, although a verdict has been found against the moving party, but the court may order a new trial where it appears that the other party was prevented from proving a claim or defense by mistake, accident or surprise. The motion for judgment notwithstanding the verdict, if made, must be filed not later than ten (10) days after the judgment, prepared in conformance with Section 696.3 of this title, is filed with the court clerk. A motion for judgment notwithstanding the verdict may be joined with a motion for a new trial. If the moving party did not prepare the judgment, and Section 696.2 of this title required a copy of the judgment to be mailed to the moving party, and the court records do not reflect the mailing of a copy of the judgment to the moving party within three (3) days, exclusive of weekends and holidays, after the filing of the judgment, the motion for judgment notwithstanding the verdict may be filed no later than ten (10) days after the earliest date on which the court records show that a copy of the judgment was mailed to the moving party. A motion for judgment notwithstanding the verdict filed after the announcement of the verdict but before the filing of the judgment shall be deemed filed immediately after the filing of the judgment or decree.
§ 698.Judgment Notwithstanding Verdict
Chapter 12: Judgment · Last amended May 1, 1997 · Last verified August 3, 2026
In one sentenceSection 698 lets a court grant judgment notwithstanding the verdict when a directed verdict motion made at the close of evidence should have been granted, requires the motion within ten days after the judgment is filed, and allows it to be joined with a new-trial motion.
Full Text of § 698
Amendment History
R.L. 1910, § 5140; Amended by Laws 1961, HB 528, p. 64, § 1; Amended by Laws 1990, SB 881, c. 251, § 12, eff. 1/1/1991; Amended by Laws 1991, SB 24, c. 251, § 8, emerg. eff. 6/1/1991; Amended by Laws 1993, HB 1468, c. 351, §12, eff. 10/1/1993; Amended by Laws 1994, SB 1076, c. 343, §2, eff. 9/1/1994; Amended by Laws 1997, HB 1778, c. 102, §5, emerg. eff. 5/1/1997.
Plain-English Summary
If a party asked for a directed verdict at the close of all the evidence and the court should have granted it, Section 698 gives that party a second chance after an adverse verdict: the court must grant judgment in that party's favor notwithstanding the jury's verdict, at the moving party's request. The court can still order a new trial instead if it turns out the other side was kept from proving its claim or defense by mistake, accident, or surprise.
The motion has to be filed no later than ten days after the judgment is filed with the clerk, and it can be combined with a motion for a new trial. If the moving party didn't prepare the judgment and the mailing Section 696.2 requires isn't reflected in the record within three business days, the ten-day clock instead starts from the date the record shows the mailing happened. A motion filed after the verdict but before the judgment is filed is treated as filed the moment the judgment is filed.
Frequently Asked Questions
What is a judgment notwithstanding the verdict?
It's a judgment the court enters in favor of a party who lost the jury's verdict, granted when a directed verdict motion made at the close of all the evidence should have been granted in that party's favor.
How long do I have to file a motion for judgment notwithstanding the verdict?
Not later than ten days after the judgment is filed with the court clerk.
Can I file this motion together with a motion for a new trial?
Yes, Section 698 allows a motion for judgment notwithstanding the verdict to be joined with a motion for a new trial.
What if I file the motion before the judgment is even on file?
A motion filed after the verdict is announced but before the judgment is filed is deemed filed immediately after the judgment or decree is filed.
Can the court order a new trial instead of granting my motion?
Yes, if it appears the other party was prevented from proving a claim or defense by mistake, accident, or surprise.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: Oklahoma judgment notwithstanding the verdict12 O.S. § 698JNOV motion deadline Oklahomadirected verdict motion after trial OklahomaJMOL