Motions - Motions for judgments as a matter of law (directed verdicts and judgments notwithstanding the verdict)

Learning Outcomes

After reading this article, you will be able to explain the purpose and timing of motions for judgment as a matter of law (JML), distinguish between JML, directed verdict, and judgment notwithstanding the verdict (JNOV), identify the correct legal standard, and apply these principles to MBE-style scenarios. You will also understand renewal requirements and common pitfalls, enabling you to answer MBE questions on this topic with confidence.

MBE Syllabus

For MBE, you are required to understand the procedures and standards for seeking judgment as a matter of law during and after trial. This includes:

• The definition and function of a motion for judgment as a matter of law (JML), including its former names (directed verdict, JNOV).
• When and how a JML motion may be made during trial.
• The legal standard the court applies to JML motions.
• The requirements and timing for renewing a JML motion after a jury verdict.
• The consequences of failing to move for JML at the correct time.
• The distinction between JML and motions for new trial.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. At what stage in a federal jury trial may a party first move for judgment as a matter of law?
   1. After the jury returns a verdict
   2. At any time before the case is submitted to the jury
   3. Only after the close of all evidence
   4. Only after the court denies a motion for summary judgment
2. Which standard does the court apply when deciding a motion for judgment as a matter of law?
   1. Whether the verdict is against the weight of the evidence
   2. Whether there is a genuine dispute of material fact
   3. Whether a reasonable jury would have a legally sufficient evidentiary basis to find for the non-moving party
   4. Whether the moving party is entitled to judgment as a matter of law based on the pleadings
3. What is required for a party to renew a motion for judgment as a matter of law after a jury verdict?
   1. The party must have made a JML motion before the case was submitted to the jury
   2. The party must have moved for summary judgment before trial
   3. The party must have objected to the jury instructions
   4. The party must have filed a motion for new trial

Introduction

In federal civil trials, a party may seek a ruling from the judge that no reasonable jury could find for the opposing party on a particular issue. This is done by moving for judgment as a matter of law (JML), previously known as a directed verdict or judgment notwithstanding the verdict (JNOV). JML motions are a key tool for resolving cases where the evidence is legally insufficient to support a jury verdict. Understanding the timing, standard, and renewal requirements for JML is essential for MBE success.

Key Term: Judgment as a Matter of Law (JML)
A motion asking the court to rule that no reasonable jury could find for the opposing party on a claim or defense, based on the evidence presented at trial.

When Can a Motion for Judgment as a Matter of Law Be Made?

A party may move for JML at any time before the case is submitted to the jury. This means the motion can be made after the opposing party has been fully heard on an issue, or after all evidence is in, but must be made before the judge gives the case to the jury for deliberation.

Key Term: Directed Verdict
The former term for a motion for judgment as a matter of law made before the case is submitted to the jury.

Legal Standard for Judgment as a Matter of Law

The court must grant JML if, after viewing the evidence in the light most favorable to the non-moving party, it finds that no reasonable jury would have a legally sufficient evidentiary basis to find for that party on the issue. The judge does not weigh evidence or assess witness credibility.

Key Term: Legally Sufficient Evidentiary Basis
Enough evidence that a reasonable jury could find for the non-moving party on the issue.

Renewal After the Verdict: Judgment Notwithstanding the Verdict (JNOV)

If a party moves for JML before the case goes to the jury and the motion is denied, that party may renew the motion after the jury returns a verdict. This renewed motion is often called judgment notwithstanding the verdict (JNOV). The renewed motion must be filed within 28 days after entry of judgment.

Key Term: Judgment Notwithstanding the Verdict (JNOV)
A renewed motion for judgment as a matter of law made after the jury returns a verdict, asking the court to set aside the verdict and enter judgment for the movant.

Prerequisite for Renewal: The "Provisional Denial" Rule

A party must have made a JML motion before the case was submitted to the jury in order to renew the motion after the verdict. If the party fails to do so, the right to seek JNOV is waived.

Distinction from Motion for New Trial

A motion for new trial is different from JML/JNOV. A new trial may be granted if the verdict is against the weight of the evidence, but JML/JNOV is granted only if no reasonable jury could find for the non-movant.

Worked Example 1.1

After a federal jury trial, the defendant moves for judgment as a matter of law at the close of the plaintiff's evidence. The judge denies the motion. The jury returns a verdict for the plaintiff. The defendant files a renewed motion for JML (JNOV) 20 days after judgment is entered, arguing that the evidence was legally insufficient to support the verdict. What should the court do?

Answer:
The court should consider the renewed motion. The defendant made a timely JML motion before the case went to the jury and then renewed it within 28 days after judgment. The court will grant JNOV only if no reasonable jury could have found for the plaintiff on the evidence presented.

Worked Example 1.2

The plaintiff in a federal jury trial does not move for judgment as a matter of law before the case is submitted to the jury. The jury returns a verdict for the defendant. The plaintiff files a motion for JNOV 10 days later, arguing that the verdict is unsupported by the evidence. What result?

Answer:
The court must deny the motion. Because the plaintiff did not move for JML before the case was submitted to the jury, the right to renew the motion after the verdict is waived.

Exam Warning

If a party fails to move for JML before the case is submitted to the jury, that party cannot seek JNOV after the verdict. This is a common MBE trap.

Revision Tip

Remember: JML = before jury deliberates; JNOV = after verdict, but only if JML was made earlier.

Key Point Checklist

This article has covered the following key knowledge points:

• Judgment as a matter of law (JML) is a motion made before the case is submitted to the jury.
• The standard is whether a reasonable jury would have a legally sufficient evidentiary basis to find for the non-movant.
• JML must be made before jury deliberations to preserve the right to renew after the verdict (JNOV).
• JNOV is a renewed JML motion made within 28 days after judgment.
• Failure to move for JML before jury deliberations waives the right to seek JNOV.
• JML/JNOV is distinct from a motion for new trial, which is based on the weight of the evidence.

Key Terms and Concepts

• Judgment as a Matter of Law (JML)
• Directed Verdict
• Legally Sufficient Evidentiary Basis
• Judgment Notwithstanding the Verdict (JNOV)