When can a judge set aside a jury verdict?

A judge may set aside a jury verdict if they determine that the decision is manifestly against the weight of the evidence presented during the trial. In such instances, the judge may order a new trial.1

However, there is a critical exception in criminal law: a judge cannot set aside a jury’s verdict of acquittal, as such a decision is considered final under Anglo-American law.1

Additionally, a judge may intervene before a verdict is reached through a directed verdict (or judgment as a matter of law). This occurs if the judge finds that the evidence presented is insufficient to create a material issue of fact for the jury to decide. By granting this, the judge removes the case from the jury and enters a final judgment. Similarly, a court may enter a judgment non obstante veredicto (notwithstanding the verdict) if the record demonstrates that the party who received the jury's verdict is not entitled to judgment as a matter of law.23