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Federal Rules of Civil Procedure (FRCP) QUESTION #3686
Question 1
A plaintiff (State A) sues a defendant (State B) in federal court for $\text{\$100,000}$. During the jury trial, at the close of the plaintiff's evidence, the defendant moves for Judgment as a Matter of Law (JMOL), which is denied. The jury returns a verdict for the plaintiff. The defendant then files a Renewed JMOL 10 days after the entry of judgment. The plaintiff objects, noting the defendant never moved for JMOL after the defendant's own evidence was presented. Is the Renewed JMOL proper?
  • Yes, because a motion for JMOL was made at some point during the trial.✔️
  • Yes, because a Renewed JMOL is always permitted within 28 days of judgment.
  • No, because a Renewed JMOL can only be filed if the party moved for JMOL at the close of all evidence.
  • No, because the defendant must show 'plain error' to renew the motion.
Correct Answer Explanation
Rule 50(b) requires that a party must have moved for JMOL under Rule 50(a) at some time during the trial to 'renew' it post-verdict. The 2006 amendments removed the requirement that the motion be made at the close of all evidence; it must simply be made before the case is submitted to the jury.