K.S.A. 60-250.Judgment as a matter of law; motion for new trial

Last amended July 1, 2010 · Last verified July 28, 2026

In one sentenceKansas Rule 60-250 lets a judge resolve an issue against a party during a jury trial when no reasonable jury could find for that party on it, sets a 28-day deadline to renew the motion after verdict, and ties a renewed motion to a conditional ruling on a new trial.

Full Text of K.S.A. 60-250

Text sizeJump to: (a) (b) (c) (d) (e)

(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 a 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 the facts that entitle the movant to the judgment.

(3) Comparative fault actions. The court must reserve decision on a motion for judgment as a matter of law by a party joined under subsection (c) of K.S.A. 60-258a, and amendments thereto, until all evidence has been presented by any party alleging the movant's fault.

(b) Renewing the motion after trial; alternative motion for a new trial. If the court does not grant a motion for a judgment as a matter of law made under subsection (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 the 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 K.S.A. 60-259, and amendments thereto. 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.

(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 motion for a new trial. Any motion for a new trial under K.S.A. 60-259, and amendments thereto, 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 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.

End

Amendment History

L. 1963, ch. 303, 60-250; L. 1986, ch. 215, § 9; L. 1997, ch. 173, § 26; L. 2010, ch. 135, § 121; July 1.

Plain-English Summary

Rule 60-250 uses one term throughout for taking an issue away from the jury: judgment as a matter of law. The verbatim text never mentions a "directed verdict" or a "JNOV" (judgment notwithstanding the verdict) by name, even though the motion works the same way those older labels described — before submission to the jury under subsection (a), and again after the verdict under subsection (b). The standard is the same at both stages: the party has been fully heard on an issue, and the court finds that a reasonable jury wouldn't have a legally sufficient evidentiary basis to find for that party on it. The motion has to specify the judgment sought along with the law and facts that support it, and it must be made before the case goes to the jury.

In a comparative-fault case, subsection (a)(3) tells the court to hold off ruling on a motion against a party joined under K.S.A. 60-258a(c) until every party alleging that movant's fault has finished presenting evidence. That keeps the court from cutting off a fault-allocation issue before all the relevant proof is in.

If the court doesn't grant the motion before verdict, subsection (b) treats the case as submitted to the jury subject to the court deciding the legal questions later. The movant then has 28 days after judgment is entered (or, if the issue wasn't decided by the verdict, 28 days after the jury is discharged) to renew the motion, and can pair it with a request for a new trial under K.S.A. 60-259. Ruling on the renewed motion, the court can let the verdict stand, order a new trial, or direct judgment as a matter of law outright.

Subsection (c) requires a court that grants the renewed motion to also rule, conditionally, on any new-trial request — stating the grounds either way — so an appellate court knows what happens if it reverses. A conditional grant doesn't disturb the judgment's finality unless reversal occurs. Subsection (d) gives a losing party 28 days after judgment to move for a new trial, and subsection (e) lets the prevailing party, if the motion is denied and later reversed on appeal, argue for a new trial as appellee.

Frequently Asked Questions

What must a Kansas court find before granting judgment as a matter of law?

That the party has been fully heard on an issue and that a reasonable jury wouldn't have a legally sufficient evidentiary basis to find for that party on it. The court can then resolve the issue against the party or grant judgment on a claim or defense that depends on it.

Does Kansas Rule 60-250 use the terms "directed verdict" or "JNOV"?

No. The verbatim text calls the motion "judgment as a matter of law" at every stage, before the case goes to the jury and after the verdict, without using either older label. Practitioners still use directed verdict and JNOV (jmol/jnov) as shorthand for the same two-stage motion.

How long do I have to renew a motion for judgment as a matter of law after trial?

28 days after the entry of judgment, or, if the motion concerns a jury issue the verdict didn't decide, 28 days after the jury was discharged.

Can I ask for a new trial and judgment as a matter of law at the same time?

Yes. Subsection (b) lets the movant include an alternative or joint request for a new trial under K.S.A. 60-259 along with the renewed motion.

What happens to a conditional new-trial ruling if the judgment is reversed on appeal?

If the court conditionally granted a new trial and the judgment is reversed, the new trial must proceed unless the appellate court orders otherwise. If the new trial was conditionally denied, the appellee may argue that denial was error, and the case proceeds as the appellate court directs.

Source & verification. Section text is reproduced verbatim from the Kansas Statutes Annotated, enacted by the Kansas Legislature. Last verified July 28, 2026. · Official source

Also known as: jmoljnovjudgment as a matter of law kansasrenewed motion for judgment as a matter of lawkansas motion for new trial after verdict60-250 kansas