§ 25-1315.02.Motion for directed verdict at close of evidence; effect; filing before entry of judgment; treatment; motion to set aside verdict or judgment; power of court.

This section is Nebraska’s version of the renewed motion for judgment as a matter of law — a second chance to win the argument a directed verdict motion made at trial. Whenever a motion for directed verdict made at the close of all the evidence is denied, or for any reason is not granted, the statute treats the court as having submitted the case to the jury subject to a later determination of the legal questions the motion raised. The jury verdict does not moot the motion; it just gets revisited afterward.

The moving party then has ten days after entry of judgment to move to have the verdict, and any judgment entered on it, set aside, and to have judgment entered in line with the original directed verdict motion. Timing quirks are covered: a motion filed after the jury announces a verdict but before judgment is entered is treated as filed after entry of judgment, on the day judgment is entered. And if no verdict was ever returned, the moving party has ten days after the jury is discharged to move for judgment consistent with the directed verdict motion.

A motion for new trial can ride along with this motion, or a new trial can be requested in the alternative — a party is not forced to choose only one form of relief up front. Once the motion is before it, the court has real options. If judgment was entered on the verdict, the court can let that judgment stand, or reopen it and either order a new trial or direct entry of judgment as if the directed verdict had originally been granted. If no verdict was returned at all, the court can direct entry of judgment as if the requested verdict had been directed, or order a new trial instead.