Post Trial Motions

Question 1

Overall what is judgment as a matter of law?

FRCP 50

Answer 1

the judge rather than the jury enters a verdict on the case

-take the case from the jury and judge decides

Question 2

What was Judgment As A Matter of Law previously called?

Answer 2

Directed verdict

Question 3

When can a party make a motion for Judgment as a Mater Of Law?

Answer 3

Right after P’s case ends and before submitted to the jury

Question 4

Can you make renewing motion after trial under Judgment As A Mater Of Law if not presented before submission to jury?

Answer 4

NO

CANNOT MAKE THIS if you did NOT make motion under FRCP 50 (a) before it was submitted to the jury

Question 5

Judgment Not WithStanding Verdict FRCP 50(b)

JNOV

Answer 5

after the jury comes out, a “moving” party can move to renew their motion for directed verdict—MUST have tried for a FRCP 50(a) first

• In summary, 1st motion JMOL—DV before it goes to the jury, THEN after the verdict comes motion for a JMOL—JNOV

Question 6

Difference between Judgment As A Matter Of Law and Judgment Notwithstanding Verdict

Answer 6

Judgment As A Matter Of Law is made after party presents its case and before it is submitted to the jury.

Judgment Notwithstanding Verdict can only be made if made the JOML before sent to jury. JNOV is made after the jury returns a verdict