TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 50, N.D.R.Civ.P., Judgment as a Matter of Law in Jury Trials
The U.S. Supreme Court has approved amendments to Fed.R.Civ.P. 50 and they will take effect December 1 unless Congress intervenes. Proposed amendments to Rule 50 have therefore been prepared for consideration by the Committee.
Under the current rule, a party who makes a motion for judgment as a matter of law during the trial must renew that motion after the close of all evidence--otherwise, the party may not pursue the motion post-trial. The proposed amendment removes this requirement. The proposed amendment also adds a time limit for renewing a motion post-trial when the jury does not return a verdict on the issue addressed by the motion.
Amendments are also proposed for the explanatory note. The proposed amendments explain the changes to the rule and also update the content of the explanatory note.
A rule draft containing the proposed amendments is attached.