Rule 60.Motion for Directed Verdict
Current through June 1, 2026 · Last verified July 11, 2026
Full Text of Rule 60
Amendment History
[CCP 12/2/78; amended by CCP 12/13/80]
Plain-English Summary
Rule 60 gives a party a way to ask the court to resolve the case, or part of it, without letting the jury decide, on the theory that the evidence presented doesn't leave room for reasonable disagreement. Either side can move for a directed verdict at two points: after the opponent has finished presenting evidence, or after all the evidence is in. The motion has to state the specific grounds it rests on; a bare request isn't enough.
Moving for a directed verdict carries little downside. A party who moves at the close of the opponent's case can still put on its own evidence if the motion is denied, exactly as though the motion had never been made, without having to reserve that right in advance. And even if every party in the case moves for a directed verdict, none of those motions works as a waiver of the right to a jury trial. If the court does grant the motion, its order takes effect without any need for the jury to weigh in. One more wrinkle: when the party against whom the claim is asserted is the one moving, the court has the discretion to enter a judgment of dismissal without prejudice under Rule 54 instead of directing a verdict outright, a narrower outcome that leaves the claim open to be refiled.
Frequently Asked Questions
When can a party move for a directed verdict?
At the close of the evidence the opposing party has offered, or at the close of all the evidence in the case.
If my directed verdict motion is denied, do I lose the chance to present my own evidence?
No. If you moved at the close of your opponent's evidence and the motion is denied, you can still present your own evidence, just as if you had never made the motion.
Does moving for a directed verdict waive the right to a jury trial?
No. Rule 60 says a denied motion for directed verdict is not a waiver of the right to a jury trial, even if every party in the case has moved for one.
What happens if the party defending against a claim moves for and wins a directed verdict?
The court may, at its discretion, enter a judgment of dismissal without prejudice under Rule 54 instead of directing a verdict, an option available only when the motion is made by the party the claim was asserted against.