A motion for judgment, stating specifically the grounds therefor, may be made by a party either at the close of all the evidence or at the close of the evidence offered by an opponent. If the motion is made prior to the close of all the evidence and is denied, the moving party may then offer evidence without having reserved the right to do so. A motion for judgment which is denied is not a waiver of trial by jury even if all parties to the action have so moved.
Rule 4:40-1.Motion for judgment at trial
Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:40-1 lets a party move for judgment, stating specific grounds, at the close of all the evidence or at the close of an opponent's evidence, and preserves the moving party's right to put on its own proof if an early motion is denied.
Full Text of Rule 4:40-1
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 4:51-1.
Plain-English Summary
A motion for judgment at trial has to say specifically why it should be granted — it cannot just assert that the movant is entitled to win. A party may bring it at the close of all the evidence, or earlier, at the close of the opposing party's case.
Moving early carries no downside: if the motion is made before all the evidence is in and gets denied, the moving party may still go on to offer its own evidence, as though it had never reserved the right to do so. And denial of the motion is not treated as a waiver of a jury trial, even if every party in the case has made the same motion.
Frequently Asked Questions
Does moving for judgment at trial waive the right to present evidence?
No. If the motion is made before the close of all the evidence and is denied, the moving party may still offer evidence.
Is New Jersey's motion for judgment at trial the same as a motion for a directed verdict?
It serves the same function — asking the court to decide the case without submitting it to the jury — though New Jersey's rule calls it a motion for judgment.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:40-1). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: motion for directed verdictJMOLmotion for judgmentjudgment as a matter of law