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NRCP Rule 50
RULE 50. MOTION FOR A DIRECTED
VERDICT AND FOR JUDGMENT NOTWITHSTANDING THE VERDICT
(a) Motion for Directed Verdict: When Made; Effect.
A motion for a directed verdict may be made at the close of the evidence
offered by an opponent or at the close of the case. 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 the evidence is sufficient to sustain a
verdict for the opponent, the motion shall not be granted.
(b) Motion for Judgment Notwithstanding the Verdict.
Not later than 10 days after service of written notice of entry of judgment, a
party, whether or not he has moved for a directed verdict, may move to have the
verdict and any judgment entered thereon set aside and to have judgment entered
in accordance with his motion; or if a verdict was not returned, such party,
within 10 days after the jury has been discharged, may move for judgment in
accordance with his motion. A motion for a new trial may be joined with this
motion, or a new trial may be prayed for in the alternative. If a verdict was
returned the court may allow the judgment to stand or may reopen the judgment
and either order a new trial or direct the entry of judgment as if the
requested verdict had been directed. If no verdict was returned the court may
direct the entry of judgment as if the requested verdict had been directed or
may order a new trial.
(c) Same: Conditional Rulings on Grant of Motion.
(1) If the motion for judgment notwithstanding the
verdict, provided for in subdivision (b) of this rule, is granted, the court
shall also rule on the motion for a new trial, if any, by determining whether
it should be granted if the judgment is thereafter vacated or reversed, and
shall specify the grounds for granting or denying the motion for the new trial.
If the motion for a new trial is thus conditionally granted, the order thereon
does not affect the finality of the judgment. In case the motion for a new
trial has been conditionally granted and the judgment is reversed on appeal,
the new trial shall proceed unless the appellate court has otherwise ordered.
In case the motion for a new trial has been conditionally denied, the appellee
on appeal may assert error in that denial; and if the judgment is reversed on
appeal, subsequent proceedings shall be in accordance with the order of the
appellate court.
(2) The party whose verdict has been set aside on
motion for judgment notwithstanding the verdict may serve a motion for a new
trial pursuant to Rule 59 not later than 10 days after service of written
notice of entry of the judgment notwithstanding the verdict.
(d) Same: Denial of Motion. If the motion for
judgment notwithstanding the verdict is denied, the party who prevailed on that
motion may, as appellee, assert grounds entitling him to a new trial in the
event the appellate court concludes that the trial court erred in denying the
motion for judgment notwithstanding the verdict. If the appellate court
reverses the judgment, nothing in this rule precludes it from determining that
the appellee is entitled to a new trial, or from directing the trial court to
determine whether a new trial shall be granted.
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*** Any rule can change at any time - This rule may have been amended ***
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