Pretrial procedures - Adjudication without a trial

Learning Outcomes

After reading this article, you will be able to explain the main methods for adjudicating civil cases without a trial in federal court, including summary judgment and judgment as a matter of law. You will know the standards for granting these motions, when they may be made, and how they differ. You will be able to apply these principles to MBE-style questions.

MBE Syllabus

For MBE, you are required to understand the federal rules and principles governing the resolution of civil cases without a full trial. This includes the timing, grounds, and standards for summary judgment and judgment as a matter of law, as well as the procedures for post-trial motions. For revision, focus on:

  • The purpose and standard for summary judgment under Rule 56.
  • The timing and standard for judgment as a matter of law (JMOL) under Rule 50.
  • The difference between summary judgment and JMOL.
  • The requirements for renewed JMOL (post-verdict).
  • The role of affidavits and admissible evidence in these motions.
  • The effect of failing to move for JMOL before submission to the jury.

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. Which of the following is required for a court to grant summary judgment?
    1. The moving party shows there is no genuine dispute as to any material fact and is entitled to judgment as a matter of law.
    2. The moving party's pleadings allege sufficient facts.
    3. The non-moving party fails to file an answer.
    4. The moving party requests a jury trial.
  2. A party moves for judgment as a matter of law (JMOL) after the close of all evidence in a jury trial. What standard must the court apply?
    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 pleadings support the claim.
  3. If a party fails to move for JMOL before the case is submitted to the jury, can that party later file a renewed JMOL motion after the verdict?
    1. Yes, at any time.
    2. Yes, but only with the court’s permission.
    3. No, the right is waived.
    4. Only if the verdict is clearly erroneous.

Introduction

In federal civil litigation, not every case proceeds to a full trial. The rules provide mechanisms for resolving cases without trial when there are no genuine disputes of material fact or when the evidence is legally insufficient for a reasonable jury to rule for one side. The two main methods are summary judgment and judgment as a matter of law.

Summary Judgment

Summary judgment allows the court to resolve a case, or part of a case, before trial if there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law.

Key Term: Summary Judgment A pretrial motion under Rule 56 asking the court to decide a claim or defense because there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law.

A party may move for summary judgment at any time until 30 days after the close of discovery. The court considers the entire record, including depositions, documents, admissions, and affidavits. The non-moving party must point to admissible evidence showing a genuine dispute.

The court must view the evidence in the light most favorable to the non-moving party. If a reasonable jury could find for the non-moving party, summary judgment must be denied.

Judgment as a Matter of Law (JMOL)

Judgment as a matter of law (JMOL) is a trial motion made after a party has been fully heard on an issue during a jury trial but before the case is submitted to the jury. It asks the court to rule because a reasonable jury would not have a legally sufficient evidentiary basis to find for the non-moving party.

Key Term: Judgment as a Matter of Law (JMOL) A motion under Rule 50 during or after trial, arguing that no reasonable jury could find for the opposing party based on the evidence presented.

If the court grants JMOL, it takes the case away from the jury and enters judgment for the moving party.

Renewed JMOL (Post-Verdict)

If a party made a JMOL motion before the case was submitted to the jury and the motion was denied, that party may renew the motion within 28 days after entry of judgment if the jury returns a verdict against them. This is sometimes called "judgment notwithstanding the verdict" (JNOV).

Key Term: Renewed JMOL A post-verdict motion under Rule 50(b) by a party who previously moved for JMOL before the case went to the jury, asking the court to set aside the jury’s verdict.

If a party fails to move for JMOL before the jury deliberates, the right to make a renewed JMOL motion is waived.

Comparing Summary Judgment and JMOL

  • Summary judgment is decided before trial, based on the record developed in discovery.
  • JMOL is decided during or after trial, based on the evidence actually presented to the jury.
  • Both require that no reasonable jury could find for the non-moving party.

Worked Example 1.1

A plaintiff sues a defendant for negligence in federal court. After discovery, the defendant moves for summary judgment, arguing that the plaintiff has no admissible evidence that the defendant’s conduct caused the injury. The plaintiff submits an affidavit from a witness who saw the incident. Should the court grant summary judgment?

Answer: No. The plaintiff has pointed to admissible evidence (the witness affidavit) creating a genuine dispute of material fact. The case must proceed to trial.

Worked Example 1.2

At the close of all evidence in a jury trial, the defendant moves for JMOL, arguing that the plaintiff failed to present evidence on a required element. The court denies the motion, and the jury finds for the plaintiff. The defendant then files a renewed JMOL motion 30 days after judgment is entered. What result?

Answer: The renewed JMOL motion is untimely. It must be filed within 28 days after entry of judgment. The court must deny the motion.

Exam Warning

If a party does not move for JMOL before the case is submitted to the jury, that party cannot later file a renewed JMOL motion after the verdict. The right is waived.

Revision Tip

For summary judgment, focus on whether the non-moving party has pointed to admissible evidence showing a genuine dispute. For JMOL, focus on whether the evidence at trial would allow a reasonable jury to find for the non-moving party.

Key Point Checklist

This article has covered the following key knowledge points:

  • Summary judgment is granted if there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law.
  • Judgment as a matter of law (JMOL) is available during or after trial if no reasonable jury could find for the non-moving party.
  • Renewed JMOL (post-verdict) is available only if JMOL was moved for before the case went to the jury and must be filed within 28 days after judgment.
  • The standards for summary judgment and JMOL are similar but apply at different stages.
  • Failure to move for JMOL before jury deliberation waives the right to renewed JMOL.

Key Terms and Concepts

  • Summary Judgment
  • Judgment as a Matter of Law (JMOL)
  • Renewed JMOL
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