Civil procedure: judgment as a matter of law

The cards

1. FRCP 50Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling
2. FRCP 50(a)(1): 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
   1. 1resolve the issue against the party
   2. 2grant 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
3. FRCP 50(a)(2): MotionA 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.
4. FRCP 50(b): Renewing the Motion After Trial; Alternative Motion for a New Trial
   1. 1allow judgment on the verdict, if the jury returned a verdict
   2. 2order a new trial
   3. 3direct the entry of judgment as a matter of law
   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:
5. FRCP 50(c)(1): In GeneralIf 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.
6. FRCP 50(c)(2): Effect of a Conditional RulingConditionally 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.
7. FRCP 50(d): Time for a Losing Party’s New-Trial MotionAny 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.
8. FRCP 50(e): Denying the Motion for Judgment as a Matter of Law; Reversal on AppealIf 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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