Delaware judgment as a matter of law: make the motion before the case goes to the jury, or lose the right to renew it

Delaware's Rule 50 is built as a two-stage motion, and the second stage depends entirely on the first.

Rule 50(b) speaks of "Renewal of motion for judgment after trial", and applies "Whenever a motion for a judgment as a matter of law made at the close of all the evidence is denied or for any reason is not granted." There is nothing to renew if nothing was made.

The window for the first stage closes when the case goes to the jury. Rule 50(a)(2): motions "may be made at any time before submission of the case to the jury."

The standard

Del. Super. Ct. Civ. R. 50(a)(1):

Judgment as a matter of law. (1) If during a trial by jury a party has been fully heard on an issue and there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue, the Court may determine the issue against the party and may grant a motion for judgment as a matter of law against that party with respect to a claim or defense that cannot under the controlling law be maintained or defeated without a favorable finding on that issue.

The third element is what keeps the motion narrow. Winning on an issue is not enough — the issue has to be one the claim or defense turns on.

Rule 50(a)(2) adds a content requirement: the motion "shall specify the judgment sought and the law and the facts on which the moving party is entitled to the judgment."

That is a real drafting duty in the middle of a trial. A general submission that "there is no evidence" does not specify the judgment sought, the law, or the facts.

Renewing it

Rule 50(b):

Whenever a motion for a judgment as a matter of law made at the close of all the evidence is denied or for any reason is not granted, the Court is deemed to have submitted the action to the jury subject to a later determination of the legal questions raised by the motion. Such a motion may be renewed by service and filing not later than 10 days after entry of judgment. A motion for a new trial under Rule 59 may be joined with a renewal of the motion for judgment as a matter of law, or a new trial may be requested in the alternative.

The deeming language in the first sentence is the doctrinal engine. Because the Court is treated as having reserved the legal questions, deciding them after the verdict does not disturb the jury's role.

Ten days is not extendable. Rule 6(b) forbids enlarging the time for any action under Rule 50(b), and because the period is under eleven days, Rule 6(a) counts business days only. See Delaware reargument for the neighboring Rule 59 clocks, and Delaware discovery deadlines for how Rule 6 counts.

What the Court can do on the renewed motion

The rest of Rule 50(b) splits by whether a verdict came back:

Conditional rulings

Rule 50(c)(1) requires the Court, when it grants the renewed motion, to deal with the alternative new trial motion at the same time:

If the renewed motion for judgment as a matter of law is granted, the Court shall also rule on the motion for a new trial, if any, by determining whether it should be granted if the judgment is thereafter vacated or reversed, and shall specify the grounds for granting or denying the motion for the new trial. If the motion for a new trial is thus conditionally granted, the order thereon does not affect the finality of the judgment.

This is why joining a Rule 59 motion in the alternative matters. It forces a conditional ruling that survives a reversal, so a successful appeal does not simply reinstate a verdict you had good grounds to challenge.

Rule 50(c)(2) covers the losing side: a party against whom judgment as a matter of law has been rendered "may serve a motion for a new trial pursuant to Rule 59 not later than 10 days after entry of the judgment."

Rule 50(d) protects the party who won on the motion below. If the motion for judgment as a matter of law was denied, the party who prevailed on that motion may, as appellee, "assert grounds entitling the party to a new trial in the event the appellate court concludes that the trial court erred in denying the motion for judgment." And the appellate court may itself determine the appellee is entitled to a new trial or direct the trial court to decide.

Which cases have a jury at all

Rule 50 operates only "during a trial by jury", so the threshold question is whether one was demanded.

Delaware's default is six jurors unless twelve are demanded, and a jury is waived by failing to serve and file the demand within ten days of the last pleading directed to the issue. See the Delaware jury demand.

Two tracks remove the question. Summary Proceedings for Commercial Disputes provide that "Neither punitive damages nor a jury trial shall be available under these Rules" — see Delaware Summary Proceedings for Commercial Disputes. And in a bench trial the analogous mid-trial motion is Rule 41(b), on the ground that "upon the facts and the law the plaintiff has shown no right to relief", made after the plaintiff's evidence and "without waiving the right to offer evidence" — see Delaware dismissal for want of prosecution.

Where this connects

Before trial, the dispositive route is Rule 56 — and note that on the Summary Proceedings track there is no summary judgment at all. See Delaware summary judgment.

After trial, see Delaware reargument: a new trial motion is 10 days from entry, reargument 5 days from the opinion, and none of them can be extended.

For the special verdict forms that shape what the jury actually decides — and the waiver of any issue omitted from them unless demanded before the jury retires — see the Delaware jury demand.

How Delaware compares

A short checklist

1. Make the motion before the case goes to the jury. Without it there is nothing to renew.
2. Specify the judgment sought, the law and the facts — the rule requires all three.
3. Renew within ten days of entry of judgment, counted as business days.
4. Do not plan on an extension. Rule 6(b) forbids enlarging the Rule 50(b) period.
5. Join a Rule 59 new trial motion, or plead it in the alternative, so a conditional ruling is made.
6. If you lost on the renewed motion, you still have ten days for a Rule 59 motion of your own.
7. If you won the denial, preserve your new trial grounds as appellee under Rule 50(d).
8. In a bench trial, use Rule 41(b) instead — and note it does not waive your right to put on evidence.

Where these rules live

• Del. Super. Ct. Civ. R. 50 — Judgment as a matter of law in actions tried by jury
• Del. Super. Ct. Civ. R. 59 — New trials and rearguments
• Del. Super. Ct. Civ. R. 41 — Dismissal of actions
• Del. Super. Ct. Civ. R. 6 — Time

This page explains what the rules say. It isn't legal advice.