Rule 50.Judgment as a matter of law in jury trials; alternative motion for new trial; conditional rulings

Current through January 1, 2025 · Last verified July 8, 2026

In one sentenceRule 50 lets the court grant judgment as a matter of law during trial when the evidence doesn't legally support a jury finding for a party, lets a party renew that motion within 28 days after judgment (with an alternative new-trial request), and requires the court to conditionally rule on any new-trial motion whenever it grants a renewed motion for judgment as a matter of law.

Full Text of Rule 50

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 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 shall specify the judgment sought and the law and facts that entitle the movant to the judgment.

(b) Renewing the motion after trial; alternative motion for new trial. 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:

(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 shall 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 shall 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 shall 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 shall proceed as the appellate court orders.

(d) Time for a losing party’s new-trial motion. Any motion for a new trial under Rule 59 by a party against whom judgment as a matter of law is rendered shall be filed no later than 28 days after the entry of the 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, 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

The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.

Plain-English Summary

Sometimes the evidence at trial doesn't add up to a legally sufficient case, and Rule 50 lets the court say so before the jury even deliberates. Once a party has been fully heard on an issue, if no reasonable jury could find for that party on it, the court can resolve the issue against them and grant judgment as a matter of law on any claim or defense that depends on a favorable finding on that issue. The motion has to specify the judgment sought and the law and facts supporting it, and can be made any time before the case goes to the jury.

If the court doesn't grant that motion, the case still goes to the jury — but the losing party gets a second chance. Within 28 days after judgment (or after the jury is discharged, for an issue the verdict never resolved), that party can renew the motion, optionally paired with an alternative request for a new trial. Ruling on the renewed motion, the court can let the jury's verdict stand, order a new trial, or enter judgment as a matter of law outright despite the verdict.

If the court grants that renewed motion, Rule 50(c) requires it to also conditionally rule on any new-trial request — deciding, in case the judgment gets reversed on appeal, whether a new trial should happen anyway. That conditional ruling doesn't affect the judgment's finality, but it tells the parties (and the appellate court) exactly what happens if the judgment doesn't survive review.

Frequently Asked Questions

When can a court grant judgment as a matter of law during a jury trial?

Once a party has been fully heard on an issue, if the court finds a reasonable jury wouldn't have a legally sufficient basis to find for that party on it.

What is a "renewed" motion for judgment as a matter of law?

A motion filed within 28 days after judgment (or after the jury is discharged, for an unresolved issue), asking the court to revisit a motion it didn't grant during trial, often paired with an alternative request for a new trial.

What does it mean for a court to "conditionally rule" on a new-trial motion?

When the court grants a renewed motion for judgment as a matter of law, it must also decide whether a new trial should happen if that judgment is later reversed on appeal — so the case has an answer ready without waiting for a second round of motions.

How long do I have to file a new-trial motion if judgment as a matter of law is entered against me?

No later than 28 days after entry of the judgment.

Source & verification. The rule text is reproduced verbatim from the official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 50). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. · Official source

Also known as: judgment as a matter of lawJNOVJMOLrenewed motion for judgmentconditional ruling new trial