FEDERAL RULES OF CIVILPROCEDURE
VI. Trials
Rule 50 Judgment as aMatter of Law in Jury Trials; Alternative Motion for New Trial;Conditional Rulings
(a) Judgment as a Matter ofLaw.
(1) If during a trial byjury a party has been fully heard on an issue and there is nolegally sufficient evidentiary basis for a reasonable jury tofind for that party on that issue, the court may determine theissue against that party and may grant a motion for judgment as amatter of law against that party with respect to a claim ordefense that cannot under the controlling law be maintained ordefeated without a favorable finding on that issue.
(2) Motions for judgment asa matter of law may be made at any time before submission of thecase to the jury. Such a motion shall specify the judgment soughtand the law and the facts on which the moving party is entitledto the judgment.
(b) Renewing Motion forJudgment after Trial; Alternative Motion for New Trial.
If, for any reason, the court doesnot grant a motion for judgment as a matter of law made at theclose of all the evidence, the court is considered to havesubmitted the action to the jury subject to the courts laterdeciding the legal questions raised by the motion. The movant mayrenew its request for judgment as a matter of law by filing amotion not later than 10 days after entry of judgment and mayalternatively request a new trial or joint a motion for a newtrial under Rule 59. Inruling on a renewed motion, the court may:
(1) if a verdict wasreturned:
(A) allow the judgment tostand,
(B) order a new trial, or
(C) direct entry ofjudgment as a matter of law; or
(2) if no verdict wasreturned:
(A) order a new trial, or
(B) direct entry ofjudgment as a matter of law.
(c) Granting Renewed Motion forJudgment as a Matter of Law; Conditional Rulings; New TrialMotion.
(1) If the renewed motionfor judgment as a matter of law is granted, the court shall alsorule on the motion for a new trial, if any, by determiningwhether it should be granted if the judgment is thereaftervacated or reversed, and shall specify the grounds for grantingor denying the motion for the new trial. If the motion for a newtrial is thus conditionally granted, the order thereon does notaffect the finality of the judgment. In case the motion for a newtrial has been conditionally granted and the judgment is reversedon appeal, the new trial shall proceed unless the appellate courthas otherwise ordered. In case the motion for a new trial hasbeen conditionally denied, the appellee on appeal may asserterror in that denial; and if the judgment is reversed on appeal,subsequent proceedings shall be in accordance with the order ofthe appellate court.
(2) Any motion for a newtrial under Rule 59 by aparty against whom judgment as a matter of law is rendered mustbe filed no later than 10 days after entry of the judgment.
(d) Same: Denial of Motion forJudgment as a Matter of Law. If the motion for judgment as amatter of law is denied, the party who prevailed on that motionmay, as appellee, assert grounds entitling the party to a newtrial in the event the appellate court concludes that the trialcourt erred in denying the motion for judgment. If the appellatecourt reverses the judgment, nothing in this rule precludes itfrom determining that the appellee is entitled to a new trial, orfrom directing the trial court to determine whether a new trialshall be granted.
[As 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.]
