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Rule 50.  Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling



(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.


(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.


(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.


(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.


(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.


(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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Page Last Updated:  June 17, 2013