JMOL Flashcards
JMOL
- judgment as a matter of law
- formerly known as: motion for directed verdict, or judgment not withstanding jury verdict
JMOL - Motion purpose
- Avoid case to be decided by jury WHEN no rational basis by which jury could base its finding
- One party failed to produce enough E to show material facts at dispute
(time: before is submitted to jury or 28 days after judgment)
JMOL - Proof standard failed (to show there are material facts at dispute)
Clear and Convincing Evidence
JMOL - Methods
1) By court sua ponte
2) By either party’s motion
JMOL - Motion presentation timing
- Gral Rule:
a) Any time before submission to jury. - If not granted, file re-new motion for JMOL
b) Within 28 days since verdict if preserved (presented before) in relation to jury issue not decided in verdict.
JMOL - Difference with Summary Judgment
- Similar purpose AND in both cases you need to preserve for appeal
- Based on different evidence:
a) SumJudg: E on discovery
b) JMOL: E presented on trial
JMOL - Test for Sufficiency of E to submit case of jury (used by court)
Is there evidentiary basis or reasonable inference to sustain verdict against non-moving party by a reasonable jury?
(enough evidence to present to jury?)
JMOL - Test for Sufficiency of E to submit case of jury - Burden of Proof (of “lack of”)
Burden of the moving party, but:
- Motion for J_MOL admits truth of E by opposing party and all reasonable inferences derived_ - then court has to interpret all E against moving party and in favor of non-moving party
- In doubt, court usually allows for jury trial
JMOL - Test for Sufficiency of E to submit case of jury - Weight of E and credibility of W
- Court usually disregards credibility of W (similar to summary judgment)
- Court doesnt weight E - only objectively asks about sufficiency to submit case to jury
