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Rule 60.Motion for Directed Verdict

Current through June 1, 2026 · Last verified July 11, 2026

In one sentenceLets any party move for a directed verdict — asking the court to decide the case without sending it to the jury — at the close of the opponent's evidence or at the close of all the evidence, without losing the right to keep presenting evidence if the motion is denied.

Full Text of Rule 60

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MOTION FOR A DIRECTED VERDICT Any party may move for a directed verdict at the close of the evidence offered by an opponent or at the close of all the evidence. A party who moves for a directed verdict at the close of the evidence offered by an opponent may offer evidence in the event that the motion is not granted, without having reserved the right so to do and to the same extent as if the motion had not been made. A motion for a directed verdict which is not granted is not a waiver of trial by jury even though all parties to the action have moved for directed verdicts. A motion for a directed verdict shall state the specific grounds therefor. The order of the court granting a motion for a directed verdict is effective without any assent of the jury. If a motion for directed verdict is made by the party against whom the claim is asserted, the court may, at its discretion, give a judgment of dismissal without prejudice under Rule 54 rather than direct a verdict.

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.

Source & verification. The rule text is reproduced verbatim from the official Oregon Rules of Civil Procedure (ORCP 60). Prescribed by the Council on Court Procedures (ORS 1.735), subject to amendment, repeal, or supplementation by the Oregon Legislative Assembly. The plain-English summary is original and written by us. Last verified July 11, 2026. · Official source
Also known as: directed verdict oregonmotion for directed verdict orcpjudgment as a matter of law oregonmove for dismissal at trial oregonJMOL oregon