JMOL

Question 1

Standards for JMOL: differences between JMOL and SJ

Answer 1

a. Timing: filed at trial
b. Evidence: includes trial evidence and discovery evidence
c. Standard: JMOL appropriate when a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue

Question 2

50(a) motion

Answer 2

i. Who: a party
ii. When: before case is submitted to jury and when non-moving party is fully heard on an issue
iii. How: motion must specify the judgment sought and the law and facts that entitle the movant to the judgment

Question 3

50(b) motion

Answer 3

a. Who: a party MUST have first moved under 50a; because it’s considered an unconstitutional reversal of a jury finding
b. When: No later than 28 days after the entry of judgment
c. How: filing with court.

Question 4

What happens if a Rule 50 motion is granted?

Answer 4

Judgment is entered in the movant’s favor (usually the defendant), and the case is over as to that issue.

Question 5

What happens if an appellate court reverses?

Answer 5

a. 50(a) JMOL (when there was no jury verdict); a new trial

b. 50(b) JMOL (when there was a jury verdict): usually the jury verdict is reinstated.

Question 6

Compare JMOL to Rule 59

Answer 6

Rule 59: generally, the judge needs to have made a mistake of law or the verdict was “against the manifest weight of the evidence.”