Rule 50.Motion for a Directed Verdict and for Judgment.
Last amended July 15, 1994 · Last verified July 6, 2026
Full Text of Rule 50
Amendment History
(Adopted by SCO 5 October 9, 1959; amended by SCO 258 effective November 15, 1976; by SCO 554 effective April 4, 1983; and by SCO 1153 effective July 15, 1994)
Plain-English Summary
A party who moves for a directed verdict at the close of the opponent's evidence can still put on its own evidence if the motion doesn't succeed, exactly as if the motion had never been made, and a denied motion doesn't waive a jury trial even if every party in the case made one. The motion has to spell out its specific grounds, and a granted directed verdict takes effect without any jury involvement. If a directed-verdict motion made at the close of all the evidence is denied or otherwise not granted, the case is treated as having gone to the jury subject to the court later resolving the legal questions the motion raised — so within 10 days of the judgment's distribution date (or, if no verdict came back, within 10 days of the jury's discharge), the same party can move to set aside whatever verdict or judgment resulted and have judgment entered in line with its original motion, joining or alternatively requesting a new trial.
If that later motion is granted, the court also has to rule, at least conditionally, on any joined new-trial request — spelling out whether it would grant a new trial if the judgment gets vacated or reversed on appeal — and that conditional ruling doesn't affect the judgment's finality. A party whose verdict gets set aside this way may still move for an ordinary new trial within 10 days of that ruling. If the motion is denied instead, the party who won that round can still argue on appeal, as the appellee, that it deserves a new trial if the appellate court decides the trial court was wrong to deny the motion — preserving that fallback position without having to file anything further below.
Frequently Asked Questions
Does moving for a directed verdict during trial waive my right to keep putting on evidence?
No — if the motion isn't granted, you can still present your own evidence just as if you'd never made the motion.
What is a motion for judgment notwithstanding the verdict?
A motion, made within 10 days after the judgment is distributed, asking the court to set aside the jury's verdict and enter judgment in line with an earlier directed-verdict motion that was denied at the close of all the evidence.
Can I still ask for a new trial if my judgment notwithstanding the verdict motion is denied?
Yes — Rule 50(b) lets you join a new-trial motion with the judgment notwithstanding the verdict motion or ask for one in the alternative. The fallback in (d) belongs to the other side: the party who defeated the motion may, as appellee, argue for a new trial if the appellate court decides the denial was wrong.