Rule 50.Judgment as a matter of law in jury trials; alternative motion for new trial; conditional rulings
Group VI: Trials · Last amended March 1, 2017 · Last verified July 14, 2026
Full Text of Rule 50
Amendment History
Added February 2, 2017, effective March 1, 2017.
Plain-English Summary
Rule 50(a) lets the court step in during trial once a party has been fully heard on an issue, if a reasonable jury would not have a legally sufficient evidentiary basis to find for that party on it. The court can resolve the issue against the party and, when the controlling law makes a claim or defense turn on a favorable finding on that issue, grant judgment as a matter of law. Either side can move for this at any time before the case goes to the jury, and the motion has to spell out the judgment sought along with the law and facts supporting it.
If the court does not grant that motion, the case still goes to the jury, but the court is treated as having reserved the underlying legal question for later. The moving party can renew the motion within 28 days after judgment is entered, or within 28 days after the jury is discharged if the motion concerns an issue the verdict never decided, and can ask for a new trial instead of or along with the renewed motion. Once a verdict came back, the court can let it stand, order a new trial, or direct entry of judgment as a matter of law; if no verdict came back at all, the court can only order a new trial or direct judgment as a matter of law. A losing party's own motion for a new trial under Rule 59 is due within that same 28-day window after judgment.
If the court grants a renewed motion for judgment as a matter of law, it must also conditionally rule on any pending new-trial motion, deciding whether a new trial should happen if the judgment is later vacated or reversed, and state its grounds for that conditional ruling. That conditional ruling does not touch the finality of the judgment, but it controls what happens if an appellate court reverses: a conditionally granted new trial goes forward unless the appellate court says otherwise, and a conditionally denied one can be challenged by the appellee if the judgment is reversed. And if the court denies judgment as a matter of law, the party who won that ruling can still argue on appeal, as appellee, that it deserves a new trial if the appellate court decides the trial court should have granted judgment after all.
Frequently Asked Questions
What used to be called a "directed verdict" or "judgment notwithstanding the verdict" — what are they called now?
The pre-verdict motion is judgment as a matter of law under Rule 50(a), what many litigators still call a directed verdict. The post-verdict version, once called judgment notwithstanding the verdict or JNOV, is now the renewed motion for judgment as a matter of law under Rule 50(b), commonly shortened to JMOL.
When can I move for judgment as a matter of law during trial?
At any time before the case is submitted to the jury, once the opposing party has been fully heard on the issue.
How long do I have to renew my motion after trial?
No later than 28 days after entry of judgment, or 28 days after the jury is discharged if the motion addresses an issue the verdict did not decide.
Can I ask for a new trial and judgment as a matter of law at the same time?
Yes. You can request a new trial as an alternative to the renewed motion, or join it with a Rule 59 new-trial motion.
What happens if the court grants my renewed motion for judgment as a matter of law?
It must also conditionally rule on any new-trial motion, deciding and stating whether a new trial should be granted if the judgment is later vacated or reversed on appeal.