(a) Reservation of Decision. The court may reserve decision on a motion for judgment made at the close of all the evidence, submit the case to the jury and then decide the motion either before or within 10 days after the verdict, or if no verdict is returned, within 10 days after the jury’s discharge. The court may enter judgment in accordance with the motion or in the interest of justice order a new trial.
Rule 4:40-2.Reservation of decision on motion; motion for judgment notwithstanding the verdict
Last amended September 5, 2000 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:40-2 lets a court reserve decision on a trial motion for judgment, send the case to the jury, and rule within ten days after the verdict or the jury's discharge, and lets the losing movant renew that motion -- or move for a new trial -- within twenty days after the verdict.
Full Text of Rule 4:40-2
(b) Renewal of Motion. If a motion for judgment is denied and the case submitted to the jury, the motion may be renewed in accordance with the procedure prescribed by R. 4:49-1 (new trial) within 20 days after the verdict or the jury’s discharge. A motion so renewed may include in the alternative a motion for a new trial, and every motion made by a party for a new trial shall be deemed to include, in the alternative, a renewal of any motion for judgment made by that party at the close of the evidence. If the motion is granted on renewal thereof, the court shall nevertheless rule on the motion for a new trial determining whether it should be granted if the judgment is thereafter reversed or vacated. Briefs shall be submitted with the renewal of the motion for judgment. Failure to renew the motion shall not preclude appellate review of the denial of the motion made at trial.
(c) Motion of Party Aggrieved by Setting Aside. Within 20 days after service of an order setting aside a verdict or judgment under this rule, the party thereby aggrieved may move for a new trial or renew a motion for judgment.
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. 4:51-2(a)(b)(c)(d)(e); paragraphs (b) and (c); amended July 13, 1994 to be effective September 1, 1994; paragraphs (b) and (c); amended July 5, 2000 to be effective September 5, 2000; May 4, 1999 relaxation order terminated July 12, 2000 to be effective September 5, 2000.
Plain-English Summary
Rather than ruling on a motion for judgment on the spot, a court may reserve its decision, let the jury decide the case anyway, and then rule within ten days of the verdict, or of the jury's discharge if no verdict comes back. If the court sides with the movant, it can enter judgment on the motion or, in the interest of justice, order a new trial instead.
If the motion was denied outright and the case went to the jury, the moving party gets a second chance: renewing the motion within twenty days of the verdict or discharge, this time with briefs, and every new-trial motion is automatically treated as including that renewed motion for judgment in the alternative. A party aggrieved when a verdict or judgment is set aside gets the same twenty days to move for a new trial or renew its own motion for judgment.
Frequently Asked Questions
What is a motion for judgment notwithstanding the verdict in New Jersey?
A renewed motion for judgment brought within 20 days after the verdict or the jury's discharge, following the procedure for a new-trial motion under Rule 4:49-1 — New Jersey's version of a JNOV motion.
How long does the court have to rule on a reserved motion for judgment?
Ten days after the verdict, or ten days after the jury's discharge if no verdict is returned.
Does failing to renew the motion after trial waive appellate review?
No. Failure to renew the motion does not preclude appellate review of the trial court's denial of the original motion.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:40-2). 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: JNOVjudgment notwithstanding the verdictrenewed motion for judgmentmotion for judgment n.o.v.