JMOL

Question 1

Rule 50

Answer 1

motion for judgement as a matter of law

rule 50 a
- we are at trial, couldn’t get summary judgement before
- If judge does not want trial and may decide not to

1. judge will then say we will have JMOL, even if there is a jury, and judge decides not let jury decide the case

b. judge will do this because they think its a waste of time, and the only one outcome

timing rule 50 (a) (2)
1. can only move for this after the other side has been heard at trial
2. Plaintiff goes first - then defendant may make JMOL motion, if denied then D will be heard. Once both parties have been heard, both parties then can make a motion for JMOL

Helpful –> rule 50(b) if a defendant who lost the JMOL, can atleast say give me a new trial, new trial grounds –> rule 50

If P sues D for breach of contract , and does not file enough evidence, D can move for JMOL

Question 2

renewed motion for JMOL

Answer 2

same as JMOL but comes up later, when court denies JMOL and then jury decides the case,

then the losing party makes RJMOL motion, then judge can decide in turn of losing party. only if jury reached conclusion reasonable person would not

judge can decide against the jury. if he believes no reasonable person would agree with the jury