The motion is typically made at the close of the plaintiff's or prosecution's case-in-chief, and again at the close of all evidence. The standard requires the court to view the evidence in the light most favorable to the non-moving party. In civil cases, the motion is granted only when reasonable minds could not differ on the result. In criminal cases, the court must determine whether any rational trier of fact could find the essential elements of the crime beyond a reasonable doubt. Making this motion is essential to preserve the issue for appeal — failure to move for judgment as a matter of law at trial waives the right to renew the motion post-verdict.
Attorney: "Your Honor, at the close of the plaintiff's case, we move for judgment as a matter of law. The plaintiff has failed to present any evidence of causation — an essential element of negligence."
Judge: "Viewing the evidence in the light most favorable to the plaintiff, I find that a reasonable jury could find causation. The motion is denied."
Attorney: "The defense moves for judgment of acquittal under Rule 29. The government has presented no direct or circumstantial evidence placing the defendant at the scene." Judge: "Denied. The government's circumstantial evidence, viewed in the light most favorable to the prosecution, is sufficient for a reasonable jury."
Students frequently confuse a motion for directed verdict with summary judgment. Summary judgment is a pretrial motion based on the absence of genuine disputes of material fact, while a directed verdict is made at trial after evidence has been presented.
Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133 (2000)
Clarified the standard for JMOL, emphasizing courts must consider all evidence and draw all reasonable inferences for the non-movant.
Galloway v. United States, 319 U.S. 372 (1943)
Upheld the constitutionality of directed verdicts against Seventh Amendment challenges.
Weisgram v. Marley Co., 528 U.S. 440 (2000)
Held that an appellate court may direct entry of JMOL when remaining evidence is insufficient, rather than remanding for new trial.
| Motion for Directed Verdict (JMOL) | Motion for Summary Judgment |
|---|---|
| Made during trial after evidence is presented | Made before trial based on discovery record |
| Governed by Rule 50 | Governed by Rule 56 |
| Based on trial evidence actually admitted | Based on depositions, affidavits, and documents |
| Tests sufficiency of evidence at trial | Tests whether genuine dispute of material fact exists |
| Preserves right to renewed JMOL post-verdict | If denied, case proceeds to trial |
What is the modern equivalent of a motion for directed verdict in federal court?
The motion for judgment as a matter of law (JMOL) under Rule 50(a). The substance is identical: no reasonable jury could find for the opposing party. Many state courts still use "directed verdict" terminology.
When can a motion for directed verdict be made?
After the opposing party has been fully heard on an issue during trial. Typically moved at the close of plaintiff's case and again at close of all evidence. Must be made before submission to the jury.
What standard does the court apply?
The court views all evidence in the light most favorable to the non-moving party and draws all reasonable inferences in their favor. Granted only if no reasonable jury could find for the non-movant.
Summary judgment is a procedural device allowing a court to resolve a case or specific claims withou...
A motion for new trial asks the court to vacate the verdict and order a completely new trial. Ground...
The verdict is the formal decision or finding made by a jury (or judge in a bench trial) on the fact...
The burden of proof refers to a party's obligation to prove the facts necessary to support their cla...
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