In a breach of contract case, after the jury has delivered its verdict, the defendant discovers that a crucial witness was unavailable during the trial and believes there was confusion regarding the applicable statute of limitations. What is the most appropriate posttrial motion for the defendant to file?
File a motion for a new trial due to procedural irregularities and critical witness unavailability.
File a motion for judgment notwithstanding the verdict arguing the evidence was inadequate to support the jury's decision.
File a motion to dismiss the case based on insufficient evidence.
File a motion to amend the judgment to reflect a different interpretation of the damages awarded.
Filing a motion for a new trial is appropriate in this situation because the absence of a key witness and confusion over legal instructions can significantly impact the trial's outcome. Such factors may warrant a reconsideration of the verdict. A motion for judgment notwithstanding the verdict pertains to the sufficiency of the evidence, a motion to amend the judgment is not applicable here, and a motion to dismiss is generally filed before or during the trial, not posttrial.
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