Weight of Evidence

Example

In a jury trial, a well-known, well-liked local sports celebrity is accused of breaching an important contract. Despite voicemails of the Defendant breaching the contract , the jury decides not to find him responsible , as they like him and do not want to ruin his future. The plaintiff can appeal that verdict as being against the weight of the evidence, or it can ask the trial judge to nullify the jury's verdict as being against the weight of the evidence. A common context for an appeal of a verdict being against the weight of the evidence is when a defendant moves for a new trial on the basis that the jury's decision was biased.

Case Examples

• If an appeals court determines that the lower court erred in denying a party's motion to overturn a jury verdict on the basis of the weight of the evidence, the error by its very nature is prejudicial, as it fundamentally impacts that party’s rights in the trial. See Inland & Sea-Bd. Coasting Co. v. Hall, 124 U.S. 121, 8 S. Ct. 397, 31 L. Ed. 369 (1888).
• Weight of the evidence in the context of a civil trial: The losing party in a lower court can appeal the judge's motion for a new trial on the basis of the weight of the evidence in a civil trial, as well as in a criminal trial. See Nation v. Moore, No. 3:22-CV-05063-MDH, 2025 WL 284619, at *3 (W.D. Mo. Jan. 23, 2025). In Moore, Dr. Moore was sued for medical malpractice claims. Id. He won that trial. Id. The plaintiff claimed that the weight of the evidence in the previous trial proved that Dr. Moore had acted outside the standard of care for medical doctors. Id. Therefore, he argued that Dr. Moore was guilty of medical malpractice. Id. After a judgment was rendered for a new trial, the plaintiff petitioned the court, claiming that the weight of the evidence was against the verdict. Id. The district court judge denied his motion, but the plaintiff appealed that denial. Id. However, the appeals court agreed with the lower court. It held that the jury's conclusion that Dr. Moore acted within the standard of care was supported by the weight of the evidence in the lower court's trial. Id.