Rule 50 – Judgment as a matter of law in a jury trial; related motion for a new trial, conditional ruling
(through July 14, 2022)
(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.
Selected Committee Notes
The language of Rule 50(a) has been amended as part of the general restyling of the Civil Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only.
Rule 50(b) is amended to permit renewal of any Rule 50(a) motion for judgment as a matter of law, deleting the requirement that a motion be made at the close of all the evidence. Because the Rule 50(b) motion is only a renewal of the preverdict motion, it can be granted only on grounds advanced in the preverdict motion. The earlier motion informs the opposing party of the challenge to the sufficiency of the evidence and affords a clear opportunity to provide additional evidence that may be available. The earlier motion also alerts the court to the opportunity to simplify the trial by resolving some issues, or even all issues, without submission to the jury. This fulfillment of the functional needs that underlie present Rule 50(b) also satisfies the Seventh Amendment. Automatic reservation of the legal questions raised by the motion conforms to the decision in Baltimore & Carolina Line v. Redman, 297 U.S. 654 (1935).
This change responds to many decisions that have begun to move away from requiring a motion for judgment as a matter of law at the literal close of all the evidence. Although the requirement has been clearly established for several decades, lawyers continue to overlook it. The courts are slowly working away from the formal requirement. The amendment establishes the functional approach that courts have been unable to reach under the present rule and makes practice more consistent and predictable.
Many judges expressly invite motions at the close of all the evidence. The amendment is not intended to discourage this useful practice.
Finally, an explicit time limit is added for making a posttrial motion when the trial ends without a verdict or with a verdict that does not dispose of all issues suitable for resolution by verdict. The motion must be made no later than 10 days after the jury was discharged.
Changes Made After Publication and Comment. This recommendation modifies the version of the proposal as published. The only changes made in the rule text after publication are matters of style. One sentence in the Committee Note was changed by adopting the wording of the 1991 Committee Note describing the grounds that may be used to support a renewed motion for judgment as a matter of law. A paragraph also was added to the Committee Note to explain the style revisions in subdivision (a).
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Key Civ Pro Laws (MBE/MEE)
- Section 1291 – Final decisions of district courts
- Section 1292 – Interlocutory decisions
- Section 1331 – Federal question
- Section 1332 – Diversity
- Section 1335 – Interpleader
- Section 1338 – Intellectual Property
- Section 1359 – Parties collusively joined or made
- Section 1367 – Supplemental jurisdiction
- Section 1391 – Venue generally
- Section 1397 – Interpleader
- Section 1404 – Change of venue
- Section 1406 – Cure or waiver of defects
- Section 1407 – Multidistrict litigation
- Section 1441 – Removal generally
- Section 1446 – Removal procedure
- Section 1447 – Post-removal procedure
- Section 1738 – Full faith and credit
- Section 1870 – Challenges
- Section 2072 – Rules of procedure and evidence; power to subscribe
- Section 2361 – Process and procedure
- Rule 3 – Commencing an action
- Rule 4 – Summons
- Rule 6 – Computing and extending time
- Rule 7 – Pleadings allowed
- Rule 8 – General pleading rules
- Rule 9 – Pleading special matters
- Rule 10 – Form of pleadings
- Rule 11 – Signing pleadings, motions, and other papers
- Rule 12 – Defenses and objections
- Rule 13 – Counterclaim and crossclaim
- Rule 14 – Third-party practice
- Rule 15 – Amended and supplemental pleadings
- Rule 16 – Pretrial conferences, scheduling, management
- Rule 19 – Required joinder of parties
- Rule 20 – Permissive joinder of parties
- Rule 22 – Interpleader
- Rule 23 – Class actions
- Rule 24 – Intervention
- Rule 25 – Substitution
- Rule 26 – Duty to disclose
- Rule 30 – Depositions by oral examination
- Rule 31 – Depositions by written questions
- Rule 33 – Interrogatories
- Rule 34 – Producing documents, electronically stored information, and tangible things
- Rule 35 – Physical and mental examinations
- Rule 36 – Requests for admission
- Rule 37 – Failure to make disclosures or to cooperate in discovery
- Rule 38 – Right to a jury trial
- Rule 41 – Dismissal of actions
- Rule 42 – Consolidation; separate trials
- Rule 45 – Subpoena
- Rule 47 – Selecting jurors
- Rule 48 – Number of jurors; verdict; polling
- Rule 49 – Special verdict; general verdict and questions
- Rule 50 – Judgment as a matter of law in a jury trial
- Rule 51 – Instructions to the jury; objections; preserving a claim of error
- Rule 52 – Findings and conclusions by the court; judgment on partial findings
- Rule 54 – Judgment, costs
- Rule 55 – Default
- Rule 56 – Summary judgment
- Rule 59 – New trial; altering or amending a judgment
- Rule 60 – Relief from a judgment or order
- Rule 65 – Injunctions and restraining orders