Rule 50.04.Judgment notwithstanding verdict -- Assessment of damages.

Current through June 18, 2026 · Last verified July 9, 2026

In one sentenceRule 50.04 provides that when a trial or appellate court orders judgment notwithstanding the verdict for the party seeking damages, the trial court must submit the damages question alone to a jury, unless the parties have waived a jury.

Full Text of Rule 50.04

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Where the trial court orders, or an appellate court directs, judgment notwithstanding a verdict, in favor of a party entitled to recover damages, the trial court shall, unless a jury is waived, submit to a jury solely the question of assessing damages.

Amendment History

(Amended effective July 1, 1976.)

Plain-English Summary

Rule 50.04 fills a gap left when a court overturns a verdict in favor of the party who was seeking damages. Setting aside the verdict decides liability, but it does not by itself put a dollar figure on the judgment.

So the rule directs the trial court to send the case back to a jury for one purpose only: to assess damages. The only exception is when a jury has been waived, in which case the court handles that question itself.

Frequently Asked Questions

If a court grants judgment notwithstanding the verdict for the plaintiff, who decides the damages amount?

The trial court must submit the question of damages alone to a jury, unless a jury has been waived.

Does judgment notwithstanding the verdict under CR 50.04 apply only to trial court rulings?

No. The rule applies whether the trial court orders judgment notwithstanding the verdict or an appellate court directs it.

Source & verification. The rule text is reproduced verbatim from the official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 50.04). 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

Also known as: assessing damages after JNOV kentuckyCR 50.04jury trial limited to damages kentuckyjudgment notwithstanding verdict damages question