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Tuesday, January 15, 2008

Directed Verdicts in Tennessee State Courts

If a plaintiff has made out his or her case and no evidence tending to contradict it is offered, the trial court has a duty to direct a verdict. Robert E. Burch, Trial Handbook for Tennessee Lawyers §32:3, at 562 n.4 (2007-08 Thomson-West) (citing numerous sources).

Under the proper circumstances, the court may direct a verdict in favor of either party, even though the effect of the grant is to deprive a party of his or her right to a jury trial. Id. § 32:1, at 561 n.1 (citing Tenn. R. Civ. P. 50.01).

This is a great tool that may be at used at trial when you find that your proof is uncontroverted. See id.
Thanks to Judge Burch who has authored an invaluable book. This book is a must-have for every attorney in Tennessee.

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