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Rule 50. Judgment as a Matter of Law in a Jury
Trial; Related Motion for a New Trial; Conditional
Ruling
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(a) Judgment as a Matter of Law.
(1) In General. If a party has
been fully heard on an issue during a jury trial and the
court finds that a reasonable jury would not have a
legally sufficient evidentiary basis to find for the
party on that issue, the court may:
(A) resolve the issue against
the party; and
(B) grant a motion for
judgment
as a matter of law against the party on a claim or
defense that, under the controlling law, can be
maintained or defeated only with a favorable finding on
that issue.
(2) Motion. A motion for
judgment as a matter of law may be made at any time
before the case is submitted to the jury. The motion
must specify the judgment sought and the law and facts
that entitle the movant to the judgment.
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(b) Renewing the Motion After Trial;
Alternative Motion for a New Trial. If the court does
not grant a motion for judgment as a matter of law made
under Rule 50(a), the court is
considered to have submitted the action to the jury
subject to the court’s later deciding the legal questions
raised by the motion. No later than 28 days after the entry
of judgment — or if the motion addresses a jury issue not
decided by a verdict, no later than 28 days after the jury
was discharged — the movant may file a renewed motion for
judgment as a matter of law and may include an alternative
or joint request for a new trial under Rule
59. In ruling on the renewed motion, the court may:
(1) allow judgment on the verdict,
if the jury returned a verdict;
(2) order a new trial; or
(3) direct the entry of judgment
as a matter of law.
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(c) Granting the Renewed Motion;
Conditional Ruling on a Motion for a New Trial.
(1) In General. If the court
grants a renewed motion for
judgment
as a matter of law, it must also conditionally rule on
any motion for a new trial by determining whether a new
trial should be granted if the judgment is later
vacated or reversed. The court must state the grounds
for conditionally granting or denying the motion for a
new trial.
(2) Effect of a Conditional
Ruling. Conditionally granting the motion for a new
trial does not affect the judgment’s finality; if the
judgment
is reversed, the new trial must proceed unless the
appellate court orders otherwise. If the motion for a
new trial is conditionally denied, the appellee may
assert error in that denial; if the
judgment
is reversed, the case must proceed as the appellate
court orders.
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(d) Time for a Losing Party’s
New-Trial Motion. Any motion for a new trial under
Rule
59 by a party against whom judgment as a matter of
law is rendered must be filed no later than 28 days
after the entry of the judgment.
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(e) Denying the Motion for Judgment
as a Matter of Law; Reversal on Appeal.
If the court denies the motion for judgment as a matter
of law, the prevailing party may, as appellee, assert
grounds entitling it to a new trial should the
appellate court conclude that the trial court erred in
denying the motion. If the appellate court reverses
the judgment, it may order a new trial, direct the
trial court to determine whether a new trial should be
granted, or direct the entry of judgment.
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(Amended Jan. 21, 1963, eff. July 1, 1963; Mar.
2, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff.
Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993;
Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 12, 2005,
eff. Dec. 1, 2006; Apr. 30, 2007, eff. Dec. 1,
2007; March 26, 2009, eff. Dec. 1, 2009.)
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