Renewed Judgment as a Matter of Law

Renewed Judgment as a Matter of Law

Renewed Judgment as a Matter of Law

Under Rule 50(b), a party that moved for judgment as a matter of law before the case went to the jury may renew the motion after verdict. The court asks whether a reasonable jury had a legally sufficient evidentiary basis for its finding.

The renewed motion is limited to grounds raised in the pre-verdict motion.

Alternative Names:

JNOV, Rule 50(b) Motion, Judgment Notwithstanding the Verdict

Why it Matters?

The pre-verdict motion is the gatekeeper. A party that failed to move under Rule 50(a) on a specific ground, or moved only generally, cannot raise it afterward and generally waives sufficiency review on appeal entirely. That makes the Rule 50(a) motion at the close of evidence a preservation exercise requiring specificity on each element, not a formality to be made in general terms.

Frequently asked questions

Must a pre-verdict motion be made first?

Must a pre-verdict motion be made first?

Yes in federal court. The renewed motion is limited to grounds raised before the case went to the jury, and omitted grounds are waived.

How specific must the pre-verdict motion be?

How specific must the pre-verdict motion be?

Specific as to each element challenged. General assertions that the evidence is insufficient frequently fail to preserve particular arguments.