Post-Trial Motions

Question 1

Rule 50: Judgment as a Matter of Law

Answer 1

Court bypasses the jury and enters judgment for a party. This may be done sua sponte or by granting a motion.

Question 2

Rule 50(a)(1): JMOL Before the Verdict

Answer 2

A court may enter JMOL if the non-moving party has been fully heard on the issue and no reasonable jury would have a legally sufficient evidentiary basis to find for the non-moving party.

Question 3

Rule 50(a)(2): JMOL Timing

Answer 3

A Rule 50(a) motion must be filed before the case goes to the jury and after a party has been fully heard.
JMOL may be entered:
* By a defendant after the plaintiff rests their case
* By a plaintiff after the defendant rests their case

Question 4

Rule 50(b): JMOL After the Verdict

Answer 4

If a party submitted a Rule 50(a) motion which was not granted, they may submit a Rule 50(b) JMOL motion within 28 days after judgment has been entered.

Question 5

Reeves v. Sanderson Plumbing

Answer 5

The judge must review the evidence as a whole (look at both parties’ evidence). The judge must consider and credit (take as true) the non-moving party’s evidence and the moving party’s uncontradicted evidence.

Question 6

Unitherm Food Systems v. Swift-Eckrich

Answer 6

• An appellate court cannot consider a Rule 50(b) motion if the moving party did not submit a Rule 50(b) motion in district court, even if they submitted a Rule 50(a) motion in district court.
• An appellate court cannot consider a Rule 59 motion if the moving party did not submit a Rule 59 motion in district court.

Question 7

Rule 59: Motion for a New Trial

Answer 7

A court may grant a new trial for any reason new trials have previously used for granting a new trial.

Question 8

Reasons for a Motion for a New Trial

Answer 8

• Flawed procedure
• Flawed verdict against the great weight of the evidence

Question 9

New Trial Motion Timing

Answer 9

• A party can submit a motion for a new trial within 28 days of the judgment being entered.
• May be bundled with Rule 50(b) motion or submitted independently
• Courts can grant a new trial sua sponte.

Question 10

Lind v. Schenley Industries

Answer 10

• A judge cannot order a new trial just because they would have reached a different conclusion than the jury did.
• When considering whether to grant a new trial on the basis of a flawed verdict, a judge should consider the character and complexity of the facts and legal principles of the case.
• If a layperson could understand the issues at hand and there is an evidentiary basis for the judgment then a judge cannot order a new trial based on a flawed verdict.