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Federal Rules of Civil Procedure (FRCP) QUESTION #5668
Question 1
After a jury trial, a party moves for Judgment as a Matter of Law (JMOL) under Rule 50(b) within 28 days of the entry of judgment. The party did not make a Rule 50(a) motion before the case was submitted to the jury. How should the court rule?
  • Grant the motion if the evidence is insufficient as a matter of law.
  • Deny the motion because a Rule 50(a) motion is a prerequisite for a Rule 50(b) motion.✔️
  • Grant the motion but only if the party shows 'manifest injustice'.
  • The court can only grant a new trial, not JMOL, if no Rule 50(a) motion was made.
Correct Answer Explanation
Rule 50(b) allows a party to file a 'renewed' motion for JMOL. You cannot 'renew' a motion that was never made. Therefore, a Rule 50(a) motion during trial is a necessary prerequisite.