/FED er al ROOL of SY-vil PRO-see-jer FIF-tee/·rule
Also known as:FRCP 50 · Federal Rule of Civil Procedure 50 · Rule 50 · judgment as a matter of law · JMOL
Written by attorneys · grounded in primary & secondary sources — see below
A federal procedural rule authorizing a court to enter judgment as a matter of law against a party on a claim or defense that can be maintained or defeated only with a favorable finding on an issue lacking legally sufficient evidentiary support from a reasonable jury.
Sources & Authorities
How it applies
Common Examples
6
Bank Motion After Plaintiff Rests
Felix Franco sues Fairfield Bank for breach of contract. After Franco rests his case in chief, the bank moves for judgment as a matter of law. The court grants the motion because Franco introduced no evidence on the element of damages.
Defendant Specifies Grounds Pre Verdict
Freya Freeman sues Frontier Capital for employment discrimination. Before the case goes to the jury, Frontier Capital moves for judgment as a matter of law and states the precise legal and factual grounds. The court denies the motion but the specification preserves the issue for later review.
Select any source to read its text and confirm it supports the definition.
Cases
Federal Rules
Casebooks
Hornbooks
Study Supplements
Fiona Foster sues Flagship Logistics for negligence. The company moves for summary judgment claiming no genuine dispute of material fact. The court denies the motion and the case proceeds to trial where a renewed motion under the rule becomes available after the evidence closes.
State Law Issue At Trial
Finn Fletcher sues Franklin Foundry alleging a state law tort claim. At trial the foundry moves for judgment as a matter of law arguing the evidence fails to satisfy an element required by state law. The court applies the federal standard to decide whether a reasonable jury could find for Fletcher.
Byrd v. Blue Ridge Rural Electrical Cooperative, Inc.356 U.S. 525, 537–38 (1958)
Forum Selection And Trial Motion
Francois Fortier sues Frontier Capital under a contract containing a forum selection clause. After the case is transferred, Frontier Capital moves for judgment as a matter of law at the close of evidence. The transferee court applies the rule to evaluate the sufficiency of the evidence presented.
Stewart Organization, Inc. v. Ricoh Corp.487 U.S. 22, 29 (1988)
Burden On Summary Judgment Record
Francesca Fowler sues Fairfield Bank. The bank moves for summary judgment asserting the record contains no evidence supporting an essential element of Fowler's claim. The court grants the motion because Fowler failed to produce evidence that would allow a reasonable jury to find in her favor.
Celotex Corp. v. Catrett477 U.S. 317, 323 (1986)
Common questions
Frequently Asked
4
When must a party make the initial motion for judgment as a matter of law?+
A party may make the motion at any time before the case is submitted to the jury. The motion must identify the judgment sought and the supporting law and facts.
Supporting sources
What happens if a party fails to move under Rule 50(a) before the verdict?+
The party cannot later renew the motion under Rule 50(b) because there is nothing to renew. Failure to make the pre-verdict motion waives the right to seek judgment as a matter of law after the verdict.
Supporting sources
Does denial of summary judgment preserve an issue for appeal without a Rule 50 motion?+
No. The ordinary rule requires the issue to be raised again at trial or in a post-trial motion under Rule 50. A denied summary judgment motion alone does not preserve the sufficiency question for appellate review.
Supporting sources
What standard does the court apply when deciding a Rule 50 motion?+
The court asks whether a reasonable jury would have a legally sufficient evidentiary basis to find for the nonmoving party. If not, the court may resolve the issue against that party and enter judgment.
Supporting sources
356 U.S. 525, 537–38 (1958)Civil Procedure
…the plaintiff and thus deprive the defendant, who had not rested, of his right to offer evidence in defense of plaintiff's case. Rule 50, Fed.Rules Civ. Proc. It is urged by respondent that, from the colloquy between the district judge and counsel, which, as stated, is set forth in substance in Mr. Justice Frankfurter's…
TortsIntentional torts · Harms to the person and property interests (assault, battery, false imprisonment, infliction of mental distress, trespass to land and chattels, conversion)UBEFoundational