Rule 50.Judgment as a Matter of Law in Jury Trials; Alternative Motion for New Trial; Conditional Rulings
Last amended January 9, 2006 · Last verified July 1, 2026
Full Text of Rule 50
Advisory Committee Comments
Advisory Committee Comment—2006 Amendment
Rule 50 is amended in toto to adopt various changes made in 1991 to Fed. R. Civ. P. 50. The 1991 amendment of the federal rule was made to remove the archaic language and procedures of directing verdicts and granting j.n.o.v. The amended rule states a standard that the former rule already recognized: a uniform standard for motions made after trial begins of a “motion for judgment as a matter of law.” The purpose of the change is two-fold: to adopt names that better describe the role of the motions and, because the motions essentially apply the same standard, to give them a common name. This change is not intended to change substantive practice relating to these motions. The federal rule amendment in 1991 was not intended to change the actual practice under that rule. See Fed. R. Civ. P. 50(a), Advisory Comm. Notes—1991 Amend. The federal courts have recognized the non-substantive nature of the amendment. See 9A CHARLES A LAN WRIGHT & A RTHUR R. MILLER, F EDERAL P RACTICE & P ROCEDURE § 2521, at 243 n.15 and accompanying text (2d ed. 1995) (collecting cases). Minnesota practice differs from federal practice in one important respect—former Fed. R. Civ. P. 50 did not have the express provision of Minn. R. Civ. P. 50.02(a) allowing a motion for judgment n.o.v. to be brought “whether or not the party has moved for a directed verdict,” and the current version of Fed. R. Civ. P. 50 lacks equivalent language with regard to motions for judgment as a matter of law. Because the amended Minnesota Rule 50.02 is not intended to change Minnesota practice in this respect, the amended rule retains the concept that a motion for judgment as a matter of law may be brought after submission of the case to the jury, whether or not such a motion was brought before submission to the jury. The timing provisions of the federal rule have been changed slightly to accommodate Minnesota procedure including that relating to the service and filing of post- decision motions. Like the current rule, motions under Rule 50 must be served and filed in accordance with the timing mechanism and deadlines of Minn. R. Civ. P. 59.
Amendment History
- (Amended January 9, 2006, effective January 2, 2006.)
Plain-English Summary
During a jury trial, once a party has been fully heard on an issue, the opposing party can ask the judge to decide that issue directly instead of leaving it to the jury, if there is no legally sufficient evidence for a reasonable jury to find in that party’s favor. This is called judgment as a matter of law, and the motion can be made at any point before the case goes to the jury. The motion has to specify exactly what judgment is being requested and explain the law and facts supporting it.
If the trial judge does not grant the motion during trial, the case is treated as having gone to the jury while the legal question raised by the motion stays open. After trial, the moving party can renew the motion for judgment as a matter of law, or ask for a new trial instead, or do both, within the same time limits that apply to a new trial motion. Depending on whether the jury returned a verdict, the judge can let the verdict stand, order a new trial, or direct entry of judgment as a matter of law.
When a judge grants judgment as a matter of law after trial, the judge must also rule on any accompanying new trial motion, deciding whether a new trial should happen if the judgment is later reversed or vacated on appeal. This conditional ruling protects the finality of the judgment while preserving the new trial issue in case the appellate court disagrees. If the motion for judgment as a matter of law is instead denied, the party who won that ruling can still argue on appeal that a new trial should be granted if the appellate court decides the trial judge was wrong to deny the motion.
Frequently Asked Questions
When can a party ask the judge to decide an issue instead of the jury?
A motion for judgment as a matter of law may be made at any time before the case is submitted to the jury, once a party has been fully heard on an issue and there is no legally sufficient evidence for a reasonable jury to find for that party.
What happens if the judge does not rule on the motion during trial?
The case is considered to have been submitted to the jury subject to the court later deciding the legal questions the motion raised, and the party may renew the motion after trial within the time set for a new trial motion.
Can I ask for both judgment as a matter of law and a new trial at the same time?
Yes, a party may make or renew a request for judgment as a matter of law and alternatively request a new trial, or join a new trial motion, within the time specified in Rule 59.
What happens if judgment as a matter of law is granted but reversed on appeal?
If a new trial motion was conditionally granted along with the judgment as a matter of law and the judgment is reversed on appeal, the new trial proceeds unless the appellate court orders otherwise.
Advisory Committee Comment--2000 Amendments
Although the text of this Rule 50.02 is not changed substantively by these amendments, it is worth noting that Rule 59.03, governing the time for the time from 15 days to 30 days for filing the motion and from 30 days to 60 days for having the motion heard. This amendment as the practical effect of extending the time for filing a motion
under Rule 50 because Rule 50.02(c) incorporates the filing and hearing time limits of Rule 59.