17. Motions at Trial (Rule 50)

Question 1

What is required for party to move for judgment as matter of law (JMOL) (Rule 50)?

Answer 1

1) Motion before judge submits case to jury
2) Reasonable jury would NOT find legally ‘sufficient’ evidence in favour of Non-Movant
3) Assess evidence in most favourable light of Non-Movant

Question 2

What is required for party to move for judgment notwithstanding verdict (JNOV)?

Answer 2

1) Judge denied initial motion (provisional)

2) Before jury gave verdict

Question 3

What is required for party to move for renewed judgment as matter of law (RJMOL)?

Answer 3

1) Jury’s verdict in favour of Non-Movant

2) Motion within 28 days after JMOL
- JMOL must be timely submitted before case submission to jury

3) Same issues as JMOL

Question 4

What may judge grant in light of RJMOL?

Answer 4

Judgment for Movant

Judgment on Jury’s verdict (for Movant/Non-Movant)

New trial

Question 5

What is required for party to move for new trial?

Answer 5

Prejudicial error

Misconduct by judge/adverse party/juror

Newly discovered evidence

Erroneous jury instructions

Verdict goes against the weight of the evidence

Excessive/Inadequate damages

Question 6

What may court order if it finds jury’s verdict was excessive?

Answer 6

New trial

Remittur (hardball with Plaintiff) (Plaintiff can choose court’s options)

• Less damages
• New trial

Additur (hardball with Defendant - NOT Federal Court) (Defendant can choose court’s options)

• More damages
• New trial

Question 7

What is the difference between RJMOL and new trial?

Answer 7

RJMOL
- Sufficiency of evidence

New trial
- Weight of evidence