Motion for Judgment as a Matter of Law/Motion for a New Trial

One thing I've learned about the MBE test writers when it comes to Civil Procedure is they really seem to like testing motions. Motions show up time and again in the practice questions. Know them very well.

One motion is known as a motion for judgment as a matter of law. If a party has been fully heard on an issue during a jury trial and the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for a party on that issue, the court may grant a motion for judgment as a matter of law as to any claim or defense that would have required a favorable ruling on that issue. Such a motion may be made at any time before the case is submitted to the jury. 

There will of course be times when the court denies this motion. Whenever the court denies the motion for judgment as a matter of law, the court is considered to have submitted the action to the jury subject to the court's later considering the legal questions raised by the motion. No later than 28 days after the entry of judgment, the movant who originally moved for a motion for judgment as a matter of law may file a renewed motion for judgment as a matter of law. In that motion, the movant may include an alternative or joint request for a new trial. The original motion for judgment as a matter of law is a prerequisite to the later renewed motion. There can be no renewed motion if there was no earlier motion.

Importantly (since this is tested often), is that if the court grants the renewed motion for judgment as a matter of law, it must also conditionally rule on any motion for a new trial by determining whether a new trial should be granted if the judgment as a matter of law is later vacated or reversed on appeal. 

One last point, and here assume that a motion for judgment as a matter of law is denied. The prevailing party (the non-moving party) may be concerned that the decision to deny the motion might later be overturned on appeal. That party may assert grounds entitling it to a new trial should the appellate court court conclude that the trial court erred in denying the motion. Then, if the appellate court reverses the judgment, it may order a new trial, direct the trial court to determine whether a new trial should be granted, or direct the entry of judgment.