(a) Unless the court specified an earlier time for making a motion for directed verdict, after all parties have completed the presentation of all of their evidence in a trial by jury, any party may, without waiving his or her right to trial by jury in the event the motion is not granted, move for an order directing entry of a verdict in its favor.
§ 630.Motion For Directed Verdict
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 4. Trial by Jury · Article 3. The Verdict · Last amended 1986 · Last verified July 28, 2026
In one sentenceSection 630 lets any party in a jury trial move for a directed verdict once all evidence is in, without waiving the right to a jury, allows partial grants leaving other issues for trial, treats a full grant as a merits decision absent contrary order, and lets the court order judgment on the same standard if the jury is discharged without a verdict.
Full Text of § 630
(b) If it appears that the evidence presented supports the granting of the motion as to some, but not all, of the issues involved in the action, the court shall grant the motion as to those issues and the action shall proceed on any remaining issues. Despite the granting of such a motion, no final judgment shall be entered prior to the termination of the action, but the final judgment, in addition to any matter determined in the trial, shall reflect the verdict ordered by the court as determined by the motion for directed verdict.
(c) If the motion is granted, unless the court in its order directing entry of the verdict specifies otherwise, it shall operate as an adjudication upon the merits.
(d) In actions which arise out of an injury to a person or property, when a motion for directed verdict was granted on the basis that a defendant was without fault, no other defendant during trial, over plaintiff's objection, shall attempt to attribute fault to or comment on the absence or involvement of the defendant who was granted the motion.
(e) The order of the court granting the motion for directed verdict is effective without any assent of the jury.
(f) When the jury for any reason has been discharged without having rendered a verdict, the court on its own motion or upon motion of a party, notice of which was given within 10 days after discharge of the jury, may order judgment to be entered in favor of a party whenever a motion for directed verdict for that party should have been granted had a previous motion been made. Except as otherwise provided in Section 12a, the power of the court to act under the provisions of this section shall expire 30 days after the day upon which the jury was discharged, and if judgment has not been ordered within that time the effect shall be the denial of any motion for judgment without further order of the court.
Plain-English Summary
A directed verdict lets the court take a case away from the jury when the evidence doesn't support submitting it. Unless the court has specified an earlier time, any party may move for a directed verdict after all parties have finished presenting their evidence, without giving up the right to a jury trial if the motion is denied.
The court doesn't have to grant or deny the motion as a whole. If the evidence supports directing a verdict on some issues but not others, the court grants the motion as to those issues while the action proceeds on what remains — though no final judgment is entered until the whole action concludes, at which point the final judgment reflects both the directed verdict and whatever else was decided. Unless the order says otherwise, a granted motion operates as an adjudication on the merits. In personal-injury or property-damage actions, once a defendant gets a directed verdict on the ground of no fault, no other defendant may attempt, over the plaintiff's objection, to attribute fault to or comment on that defendant's absence during the rest of the trial.
A directed verdict takes effect without any need for the jury's assent. And if the jury ends up discharged without a verdict for any reason, the court — on its own motion or a party's motion given within ten days of the discharge — can still order judgment entered for a party whenever a directed-verdict motion for that party should have been granted, had one been made. That power expires 30 days after the discharge, except as § 12a extends computation of time, after which an undecided motion is deemed denied.
Frequently Asked Questions
When can a party move for a directed verdict?
After all parties have completed presenting their evidence, unless the court has specified an earlier time — and making the motion doesn't waive the right to a jury trial if it's denied.
Can a directed verdict cover only some of the issues in the case?
Yes. If the evidence supports it as to some but not all issues, the court grants the motion on those issues while the action proceeds on the rest, with no final judgment until the action concludes.
Does a directed verdict operate as a decision on the merits?
Yes, unless the court's order specifies otherwise.
What if a defendant gets a directed verdict on the ground of no fault in an injury case?
No other defendant may, over the plaintiff's objection, attribute fault to or comment on that defendant's absence or involvement during the rest of the trial.
What happens if the jury is discharged without ever reaching a verdict?
The court may still order judgment entered for a party whenever a directed-verdict motion for that party should have been granted, on a motion given within ten days of the discharge, but that power expires 30 days after the discharge.
Amendment History
Amended by Stats. 1986, Ch. 540, Sec. 12.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: motion for directed verdict californiadirected verdict jury discharged without verdict