(1) If the motion for judgment notwithstanding the verdict, provided for in Rule 50.02, 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.
Rule 50.03.Conditional rulings on grant or denial of motion for judgment notwithstanding the verdict.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 50.03 requires a trial court ruling on a judgment notwithstanding the verdict motion to also conditionally rule on any accompanying new trial motion, so an appellate court knows at once whether a new trial should follow if the JNOV ruling is reversed, and sets deadlines and appeal rights for both sides.
Full Text of Rule 50.03
(2) The party whose verdict has been set aside on motion for judgment notwithstanding the verdict may serve a motion for a new trial pursuant to Rule 59 not later than 10 days after entry of the judgment notwithstanding the verdict.
(3) If the motion for judgment notwithstanding the verdict is denied, the party who prevailed on that motion may, as appellee, assert grounds entitling him to a new trial in the event the appellate court concludes that the trial court erred in denying the motion for judgment notwithstanding the verdict. If the appellate court reverses the judgment, nothing in Rule 50 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 effective July 1, 1969.)
Plain-English Summary
When a trial court decides a motion for judgment notwithstanding the verdict, Rule 50.03 asks it to do more than rule on that one motion. If a new trial motion was filed alongside it, the court must also decide -- conditionally -- whether that new trial should be granted if the JNOV ruling is later vacated or reversed on appeal, and explain its reasons. That conditional ruling does not change the finality of the judgment being entered.
This conditional layer saves a trip back to the trial court. If the JNOV ruling is reversed on appeal and a new trial had been conditionally granted, the new trial goes forward unless the appellate court says otherwise. If the new trial request had been conditionally denied instead, the party who lost that request can still raise the denial as appellee on appeal.
The rule also sets a deadline for the party who lost the verdict on a JNOV ruling: that party may move for a new trial under Rule 59 within 10 days after the JNOV judgment is entered. And if the JNOV motion is denied rather than granted, the party who won that ruling keeps the right to argue, as appellee, that a new trial should follow if the appellate court decides the trial court was wrong to deny the JNOV motion -- the appellate court can make that call itself or send the question back to the trial court.
Frequently Asked Questions
If a court conditionally grants a new trial and the case is reversed on appeal, does the new trial automatically happen?
Yes, unless the appellate court orders otherwise. A conditionally granted new trial proceeds once the underlying judgment is reversed on appeal.
How long do I have to move for a new trial after judgment notwithstanding the verdict is entered against me?
Rule 50.03 gives the party whose verdict was set aside 10 days after entry of the JNOV judgment to serve a motion for a new trial under Rule 59.
Can I still argue for a new trial on appeal if my JNOV motion was denied?
Yes. If the JNOV motion is denied, the party who prevailed on that motion may, as appellee, assert grounds for a new trial in case the appellate court concludes the trial court erred in denying the JNOV motion.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 50.03). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
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