Rule 50.Judgment on the Evidence (Directed Verdict)
Current through July 1, 2026 · Last verified July 13, 2026
Full Text of Rule 50
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.