Renewed Motion for Judgment as a Matter of Law

When the renewed motion for judgment is used

Timing: after the jury verdict. Post-trial motions come after a verdict or judgment. Their deadlines are short, so timing matters a great deal.

What the rule requires

• No later than 28 days after the entry of judgment — or, if the motion addresses a jury issue not decided by a verdict, no later than 28 days after the jury was discharged — the movant may file a renewed motion and may include an alternative or joint request for a new trial under Rule 59 (Rule 50(b)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 50(b) online. Also, the federal judiciary publishes the current rules and recent amendments.

The renewed motion for judgment in state court

State courts follow their own rules of procedure. Many states model their rules on the federal rules, so you will often find a similar renewed motion for judgment procedure. However, the name, the deadline and the required form can differ. Therefore, look up the matching rule in your state’s rules of civil procedure. Also read your court’s local rules. Our state procedures guide links to each state’s official rules.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion for Judgment as a Matter of Law: a motion in a jury trial arguing that a reasonable jury would not have a legally sufficient evidentiary basis to find for a party on an issue.
• Motion for a New Trial: a request that the court grant a new trial on all or some issues.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.