What is a verdict vs. a judgment? If you are involved in a California civil lawsuit or preparing to file or defend one, you will likely hear these terms used interchangeably. However, understanding the difference between a verdict vs. a judgment is critical, as each represents a different stage in the legal process and carries different legal consequences.
This article is written for individuals and business owners at the early stages of civil litigation who want clarity on how cases are decided, when decisions become enforceable, and what options remain after trial.
What Is the Difference Between a Verdict and a Judgment in Civil Litigation?
At a high level, a verdict is a decision on the facts, while a judgment is a binding court order that determines the legal outcome of a civil case. A verdict may influence the final result, but it does not automatically create enforceable rights. A judgment does.
What Is a Verdict in a Civil Lawsuit?
A verdict is the decision made at the end of a trial that answers the key factual questions in a case. It reflects what a jury, or a judge in a bench trial, believes actually happened based on the evidence presented. In a civil lawsuit, a verdict usually determines who is responsible and whether damages should be awarded, but it does not yet make the outcome legally enforceable.
Who Issues a Verdict in a Civil Case?
- In a jury trial, the verdict is returned by the jury in open court.
- In a bench trial, the trial judge acts as the fact-finder and issues findings that function as a verdict.
The verdict addresses liability and, in many cases, damages. For example, a jury may find that the defendant breached a contract and award damages to the prevailing party.
What a Verdict Does and Does Not Do
A verdict:
- Resolves factual disputes
- Determines which party prevailed at trial
- May include a damages amount
A verdict does not:
- Create a final judgment
- Authorize judgment enforcement
- Trigger appellate deadlines by itself
Until the court enters judgment, the verdict remains part of the trial record but is not independently enforceable.
What Is a Judgment in a Civil Case?
A judgment is the court’s official, written decision that brings a civil case to a legal conclusion. It turns the outcome of the case into a binding court order by clearly stating who prevailed and what the losing party is required to do, such as paying damages or complying with specific terms. Unlike a verdict, a judgment is enforceable and serves as the legal basis for collection efforts, appeals, and other next steps in the lawsuit.
How a Judgment Is Entered After Trial
After a verdict, the trial court enters judgment through a process called the entry of judgment. In California and federal court, the judgment must typically be set out in a separate document and entered by the court administrator or clerk.
In some cases, the judgment mirrors the verdict. However, the court has the right to modify the final judgment based on legal rulings, post-trial motions, or statutory requirements such as attorney’s fees or costs.
Why the Judgment Matters More Than the Verdict
The judgment:
- Is enforceable through judgment enforcement procedures
- Determines who is the judgment debtor and creditor
- Starts the time limit for filing a notice of appeal
- Controls subsequent proceedings, including collections and liens on real property
Without a final judgment, there is no appealable judgment in most civil cases.
Verdict vs. Judgment: Key Differences
| Category | Verdict | Judgment |
|---|---|---|
| Definition | A decision on disputed facts reached at trial | A formal court order that resolves the legal rights of the parties |
| Who Issues It | Jury (jury trial) or trial judge (bench trial) | Trial court through written court order |
| Stage of Case | Issued at the conclusion of trial | Entered after trial and post-trial proceedings |
| Legal Effect | Determines liability and, sometimes, damages | Creates enforceable legal obligations |
| Enforceable? | No | Yes, through judgment enforcement mechanisms |
| Triggers Appeal Deadlines | No | Yes, upon entry of final judgment |
| Subject to Post-Trial Motions | Yes (new trial, JNOV, amended verdict issues) | Yes (amended judgment, relief from judgment) |
| Includes Attorney’s Fees | No | May include attorney’s fees and costs if authorized |
| Required for Collections | No | Yes, to pursue liens, levies, or wage garnishment |
| Appealable Judgment | No | Yes, once final and properly entered |
What Happens Between a Verdict and a Final Judgment? Understanding Post-Trial Motions
The period between a verdict and the entry of final judgment is often one of the most strategic stages of civil litigation. During this window, either party may file post-trial motions that can delay, modify, or even overturn the trial outcome before it becomes a binding court order.
Post-trial motions include:
- Motion for a new trial based on excessive damages, legal error, or juror misconduct
- Motion for judgment notwithstanding the verdict
- Motion to amend the judgment or correct a clerical mistake
- Motion for additional findings
Because these motions are governed by strict filing deadlines, failing to bring a timely motion can permanently waive important rights and accelerate the entry of judgment.
When Does a Judgment Become Final and Appealable?
A judgment becomes final when:
- It is entered as a written court order
- It resolves all claims against all parties, unless an exception applies
In limited circumstances, interlocutory rulings may be appealable under doctrines such as the collateral order doctrine, but the general rule is that only a final judgment may be appealed.
Appeal Deadlines and Appellate Courts
Once judgment is entered:
- The clock begins for filing a notice of appeal
- Appeals proceed to the appropriate appellate court, such as the California Court of Appeal, Ninth Circuit Court of Appeals, or other circuit court
- In rare cases, review may be sought by the California Supreme Court or United States Supreme Court
Missing the appeal deadline can permanently bar review.
How Judgment Enforcement Works After a Civil Case Ends
A verdict alone does not give the winning party the right to collect money or enforce the outcome of the case. It is only after the court enters a judgment that the decision becomes legally binding and enforceable. Once a judgment is in place, the prevailing party can pursue collection efforts such as liens, levies, or other court-approved enforcement tools.
Common Judgment Enforcement Tools
Depending on the case, judgment enforcement may include:
- Wage garnishment
- Bank levies
- Judgment liens on real property
- Enforcement of a foreign judgment
- Court orders compelling compliance
The judgment debtor has limited defenses, such as excusable neglect or satisfaction of judgment, but enforcement typically proceeds quickly once the judgment is final.
Verdict vs. Judgment in Criminal Cases vs. Civil Cases
While the terminology overlaps, verdicts and judgments operate differently in a criminal case.
- In criminal cases, a verdict determines guilt or innocence.
- In civil cases, verdicts resolve liability and damages.
- Criminal judgments impose sentences.
- Civil judgments impose financial or injunctive relief.
Understand Your Legal Outcome With Law Advocate Group, LLP
Whether you are approaching trial, responding to a verdict, or preparing for judgment enforcement, understanding the distinction between a verdict and a judgment can help guide your decision-making and potentially alter the course of your civil case. Strategic decisions during this phase often determine whether a win is meaningful or merely symbolic.
At Law Advocate Group, LLP, our Beverly Hills civil litigation attorneys represent individuals and businesses throughout Los Angeles County and Southern California in all stages of civil litigation, from pre-trial motions through post-trial proceedings and appeals. We advise clients on protecting assets, preserving legal rights, and enforcing or challenging judgments.
If you are facing a potential lawsuit or navigating the aftermath of a trial, contact our firm to understand your legal outcome and develop a strategy that protects your interests.
FAQ
No, a verdict is not the final outcome of a civil case. A verdict must be followed by the entry of judgment before the case is legally resolved.
Yes, a judge has the ability to change a jury verdict. Through post-trial motions, a trial judge may reduce damages, order a new trial, or enter judgment notwithstanding the verdict.
An appeal generally begins after entry of a final, appealable judgment and requires a timely notice of appeal.
A judgment only automatically includes attorney’s fees when authorized by statute, contract, or court order. Attorney fees are often resolved through post-trial motions.
If the opposing party does not comply with the judgment, then the prevailing party may pursue judgment enforcement through the trial court.
Yes, a case can settle after a verdict but before judgment. Parties may resolve the dispute before judgment is entered, which can affect enforcement and appeal rights.
