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Rule 50. Judgment as a matter of law in a jurytrial; related motion for a new trial; conditional ruling.

(a)  Judgment as a matter of law.

(a)(1) If a party has been fully heard on anissue during a jury trial and the court finds that a reasonable jury would nothave a legally sufficient evidentiary basis to find for the party on thatissue, the court may:

(a)(1)(A) resolve theissue against the party; and

(a)(1)(B) grant amotion for judgment as a matter of law against the party on a claim or defensethat, under the controlling law, can be maintained or defeated only with afavorable finding on that issue.

(a)(2) A motion for judgment as a matter of lawmay be made at any time before the case is submitted to the jury. The motionmust specify the judgment sought and the law and facts that entitle the movingparty to the judgment.

(b) Renewed motionfor judgment as a matter of law. If the court does not grant a motion for judgment as amatter of law made under paragraph (a), the court is considered to have submittedthe action to the jury subject to the court later deciding the legal questionsraised by the motion. No later than 28 days after entry of judgment? or ifthe motion addresses a jury issue not decided by a verdict, no later than 28days after the jury was discharged, the moving party may file a renewed motionfor judgment as a matter of law and may include an alternative or joint requestfor a new trial under Rule 59. In ruling on the renewed motion the court may:

(b)(1) allow judgmenton the verdict if the jury returned a verdict;

(b)(2) order anew trial or

(b)(3) direct theentry of judgment as a matter of law.

(c) Granting therenewed motion; conditional ruling on a motion for new trial.

(c)(1) If the court grants a renewed motion forjudgment as a matter of law, it must also conditionally rule on any motion fora new trial by determining whether a new trial should be granted if thejudgment is later vacated or reversed. The court must state the grounds forconditionally granting or denying the motion for a new trial.

(c)(2) Conditionally granting the motion for anew 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 themotion for a new trial is conditionally denied, the appellee may assert errorin that denial; if the judgment is reversed, the case must proceed as theappellate court orders.

(d) Time for losingparty?s new‑trial motion. Any motion for a new trial under Rule 59 by a party against whom judgment as a matter of law isrendered must be filed no later than 28 days after entry of the judgment as amatter of law.

(e) Denying the motionfor judgment as a matter of law; reversal on appeal. If the court denies the motion forjudgment as a matter of law, the prevailing party may, as appellee, assertgrounds entitling it to a new trial if the appellate court concludes that thetrial court erred in denying the motion. If the appellate court reverses thejudgment, it may order a new trial, direct the trial court to determine whethera new trial should be granted, or direct the entry of judgment.

Advisory Committee Notes

Effective May 1, 2016