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Rule 50.Judgment on the Evidence (Directed Verdict)

Current through July 1, 2026 · Last verified July 13, 2026

In one sentenceRule 50 lets a trial court take an issue from the jury and enter judgment against a party for insufficient evidence, at several stages of trial and even after a verdict, through a single “judgment on the evidence” motion that replaces the separate directed-verdict and JNOV motions used elsewhere.

Full Text of Rule 50

Text sizeJump to: (A) (B) (C) (D) (E)

(A) Judgment on the Evidence--How Raised--Effect. Where all or some of the issues in a case tried before a jury or an advisory jury are not sup- ported by sufficient evidence or a verdict thereon is clearly erroneous as contrary to the evid- ence because the evidence is insufficient to support it, the court shall withdraw such issues from the jury and enter judgment thereon or shall enter judgment thereon notwithstanding a verdict. A party may move for such judgment on the evidence:
(1) after another party carrying the burden of proof or of going forward with the evidence upon any one or more issues has completed presentation of his evidence thereon; or
(2) after all the parties have completed presentation of the evidence upon any one or more issues; or
(3) after all the evidence in the case has been presented and before judgment; or
(4) in a motion to correct error; or
(5) may raise the issue upon appeal for the first time in criminal appeals but not in civil cases; or
(6) The trial court upon its own motion may enter such a judgment on the evidence at any time before final judgment, or before the filing of a notice of appeal, or, if a Motion to Cor- rect Error is made, at any time before entering its order or ruling thereon. A party who moves for judgment on the evidence at the close of the evidence offered by an opponent may offer evidence in the event that the motion is not granted, without having reserved the right so to do and to the same extent as if the motion had not been made. A motion for a judgment on the evidence which is not granted or which is granted only as to a part of the issues is not a waiver of trial by jury even though all parties to the action have moved for judgment on the evidence. A motion for judgment on the evidence made at one stage of the proceedings is not a waiver of the right of the court or of any party to make such motion on the same or different issues or reasons at a later stage as permitted above, except that error of the court in denying the motion shall be deemed corrected by evidence thereafter offered or admitted.
(B) Jury trial subject to entry of judgment on the evidence. Every case tried by a jury is made subject to the right of the court, before or after the jury is discharged, to enter final judgment on the evidence, without directing a verdict thereon.
(C) New trial in lieu of judgment on the evidence. When a judgment on the evidence is sought before or after the jury is discharged, the court may grant a new trial as to part or all of the issues in lieu of a judgment on the evidence when entry of a judgment is impracticable or unfair to any of the parties or otherwise is improper, whether requested or not.
(D) Reasons for judgment on the evidence--Partial relief. A motion or request for judgment on the evidence shall state the reasons therefor, but it need not be accompanied by a peremptory instruction or prayer for particular relief. In appro- priate cases the court, in whole or in part, may grant to some or all of the parties a judgment on the evidence or new trial in lieu thereof. Unless otherwise specified a motion or request for a judgment on the evidence is general, but the court shall grant such judgment or relief only as is proper.
(E) Motion for judgment notwithstanding verdict, motion in arrest of judgment, demurrer to the evidence and venire de novo abolished. The motion for judgment notwithstanding verdict, motion in arrest of judgment, demurrer to the evidence, and venire de novo are abolished.

Amendment History

This rule’s current text took effect February 2, 2026. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.

Plain-English Summary

Rule 50 is Indiana’s version of what other courts call a directed verdict or a motion for judgment as a matter of law — here bundled into one procedure called “judgment on the evidence.” The core standard sits in subsection (A): when the evidence on an issue is not enough to support a verdict for the party who needs it, or when a verdict already reached is clearly wrong given how thin the evidence is, the court takes that issue away from the jury and enters judgment itself. A party can ask for this relief at several points: after an opponent carrying the burden of proof finishes presenting evidence on an issue, after both sides finish presenting evidence on an issue, after all the evidence in the case is in and before judgment, or within a motion to correct error. Civil litigants cannot save this argument for appeal — subsection (A)(5) allows raising insufficiency for the first time on appeal only in criminal cases, not civil ones. And the trial court does not need anyone to ask: it can grant judgment on the evidence on its own, at any point before final judgment, before a notice of appeal is filed, or, if a motion to correct error has been made, before ruling on that motion. Moving for judgment on the evidence and losing does not cost a party anything — it can still put on its own evidence afterward, and doing so does not waive the right to renew the motion later on the same or different grounds, though evidence introduced afterward can cure whatever gap led the court to deny the earlier motion.

Subsection (B) makes clear that every jury trial carries this possibility built in — the court can enter final judgment on the evidence before or after the jury is discharged, without needing to have directed a verdict along the way. Subsection (C) gives the court an alternative when entering judgment outright would be impractical or unfair: instead, the court can order a new trial on part or all of the issues, whether or not either side asked for that option. Subsection (D) sets the paperwork bar low — a motion has to state its reasons but does not need a particular instruction attached or a specific request for relief — while making clear the court can grant relief to some parties or on some issues without granting it across the board.

Subsection (E) retires four older devices by name: the motion for judgment notwithstanding the verdict, the motion in arrest of judgment, the demurrer to the evidence, and the writ of venire de novo. Where a federal court or a court in most other states would handle a post-verdict challenge to the sufficiency of the evidence through a separate motion for judgment notwithstanding the verdict — often called a JNOV or, more recently, a motion for judgment as a matter of law (JMOL) — Indiana handles it with the same Rule 50 motion used earlier in the case. The label may shift with the moment it is used, but the standard and the underlying motion stay the same throughout the case.

Frequently Asked Questions

Is Indiana’s “judgment on the evidence” the same thing as a directed verdict or a JNOV?

Yes, functionally. Indiana uses one motion — judgment on the evidence — to cover what other courts call a directed verdict when it is made during trial and a judgment notwithstanding the verdict (JNOV) or judgment as a matter of law (JMOL) when it is made after a jury has already returned a verdict. Rule 50(E) abolishes the separate JNOV motion by name.

When during a trial can I move for judgment on the evidence?

At several points: after your opponent finishes presenting evidence on an issue it has the burden to prove, after both sides finish presenting evidence on an issue, after all the evidence in the case is in, or within a motion to correct error. A motion made at one of these stages does not use up your chance to make it again later.

Can the judge grant judgment on the evidence without either side asking for it?

Yes. Subsections (A)(6) and (B) give the court authority to enter judgment on the evidence on its own initiative, before final judgment, before a notice of appeal is filed, or, if a motion to correct error is pending, before the court rules on it.

If I lose my motion for judgment on the evidence, can I still present my own case?

Yes. Losing the motion does not cost you the right to put on your own evidence afterward, and you do not need to have reserved that right beforehand.

Can I argue on appeal that the evidence was insufficient even though I never raised it at trial?

Not in a civil case. Rule 50(A)(5) allows raising insufficiency for the first time on appeal only in criminal appeals — civil litigants have to raise it in the trial court first.

Does moving for judgment on the evidence give up my right to a jury trial?

No. A motion for judgment on the evidence that is denied, or only partly granted, does not waive the right to a jury trial, even if every party in the case has made the same kind of motion.

What if judgment on the evidence would technically be warranted but seems unfair under the circumstances?

The court has another option under subsection (C): instead of entering judgment, it can order a new trial on part or all of the issues, whether or not a party asked for that alternative, when entering judgment would be impractical or unfair.

Source & verification. The rule text is reproduced verbatim from the official Indiana Rules of Trial Procedure (T.R. 50). Prescribed by the Supreme Court of Indiana, under its inherent constitutional rulemaking power (reaffirmed by Ind. Code 34-8-1-1 and 34-8-2-1); originally enacted by the Indiana General Assembly in 1969. The plain-English summary is original and written by us. Last verified July 13, 2026. · Official source
Also known as: JNOV indianaJMOL indianadirected verdict indianajudgment on the evidence indianajudgment notwithstanding the verdict indianaindiana trial rule 50motion for directed verdict indiana civil case