Rule 50.Judgment as a Matter of Law in Jury Trials; Alternative Motion for New Trial; Conditional Rulings.
Last amended January 3, 2000 · Last verified July 3, 2026
In one sentenceRule 50 lets the court take a claim or defense away from the jury when no reasonable jury could rule for a party, and sets the procedure for renewing that request after trial alongside a motion for a new trial.
(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 that 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.
(2)Motions for judgment as a matter of law may be made at any time before submission of the case to the jury. Such a motion shall specify the judgment sought and the law and the facts on which the moving party is entitled to the judgment.
(b)Renewing motion for judgment after trial; alternative motion for new trial. If, for any reason, the court does not grant a motion for judgment as a matter of law made at the close of all the evidence, the court is considered to have submitted the action to the jury subject to the court's later deciding the legal questions raised by the motion. The movant may renew its request for judgment as a matter of law by filing a motion no later than 10 days after entry of judgment - and may alternatively request a new trial or join a motion for a new trial under Rule 59. In ruling on a renewed motion, the court may:
(1)if a verdict was returned: (A)allow the judgment to stand, (B) order a new trial, or (C) direct entry of judgment as a matter of law; or
(2)if no verdict was returned: (A)order a new trial, or (B) direct entry of judgment as a matter of law.
(c)Granting renewed motion for judgment as a matter of law; conditional rulings; new trial motion.
(1)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. In case the motion for a new trial has been conditionally granted and the judgment is reversed on appeal, the new trial shall proceed unless the appellate court has otherwise ordered. In case the motion for a new trial has been conditionally denied, the appellee on appeal may assert error in that denial; and if the judgment is reversed on appeal, subsequent proceedings shall be in accordance with the order of the appellate court.
(2)Any motion for a new trial under Rule 59 by a party against whom judgment as a matter of law is rendered shall be filed no later than 10 days after entry of the judgment.
(d)Same: Denial of motion for judgment as a matter of law. If the motion for judgment as a matter of law is 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. If the appellate court reverses the judgment, nothing in this rule precludes it from determining that the appellee is entitled to a new trial, or from directing the trial court to determine whether a new trial shall be granted.
Amendment History
Amended May 15, 1972, effective July 1, 1972
further amended December 7, 1999, effective January 1, 2000
further amended effective January 3, 2000
Plain-English Summary
Once a party has been fully heard on an issue at a jury trial, and there's no legally sufficient evidentiary basis for a reasonable jury to rule for that party on it, the court may resolve the issue against that party and grant judgment as a matter of law on any claim or defense that depends on a favorable finding on that issue. Such a motion can be made any time before the case goes to the jury and must specify the judgment sought and the grounds for it. If the court doesn't grant a motion for judgment as a matter of law made at the close of all the evidence, the case is treated as submitted to the jury subject to the court later deciding the legal questions the motion raised; the moving party can then renew the request within 10 days after judgment, alone or paired with a motion for a new trial under Rule 59, and the court may let the verdict stand, order a new trial, or direct judgment as a matter of law, whether or not the jury returned a verdict.
If the court grants a renewed motion for judgment as a matter of law, it must also rule conditionally on any pending new-trial motion, specifying whether it would be granted if the judgment is later vacated or reversed; that conditional ruling doesn't affect the judgment's finality, and if the judgment is reversed on appeal, the conditionally granted new trial proceeds unless the appellate court orders otherwise, while a conditionally denied new trial can still be challenged by the appellee. If the court denies the motion for judgment as a matter of law instead, the prevailing party may, as appellee, argue for a new trial if the appellate court finds the trial court erred in denying the motion, and the appellate court isn't precluded from awarding a new trial or sending that question back to the trial court.
Frequently Asked Questions
When can a court take a case away from the jury?
When a party has been fully heard on an issue and there's no legally sufficient evidentiary basis for a reasonable jury to rule for that party, the court may grant judgment as a matter of law against that party on a claim or defense depending on that issue.
What happens if the court doesn't rule on the motion before the jury decides?
The case is treated as submitted to the jury subject to the court later deciding the legal questions, and the moving party may renew the motion for judgment as a matter of law within 10 days after judgment, alone or with a motion for a new trial.
What if the renewed motion for judgment as a matter of law is granted?
Under Rule 50(c), the court must also conditionally rule on any pending new-trial motion, specifying whether it would grant a new trial if the judgment is later vacated or reversed, without affecting the judgment's finality in the meantime.
Source & verification. The rule text and History are reproduced verbatim from the
official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 50). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as:judgment as a matter of lawrenewed motion for judgmentconditional new trial rulingJMOL