Rule 33. Judgment as a Matter of Law; Involuntary Dismissal at the Close of Evidence

In General. Where a party has been fully heard upon an issue during a trial to a jury impaneled under Rule 27.1, and the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for that party upon that issue, the court may resolve the issue against that party and may grant a motion for judgment as a matter of law against that party upon a claim or defense which, under the controlling law, can be maintained or defeated only with a favorable finding upon that issue.

Motion. A motion under this subdivision may be made at any time before the case is submitted to the jury. The motion shall specify the judgment sought and the law and the facts that entitle the movant to it. The motion may be made orally in the proceeding communications, as Rule 7(2)(a) permits for a motion made during a trial, and the Clerk shall note it upon the docket.

Standard. In ruling upon a motion under this subdivision the court shall consider the evidence in the light most favorable to the party against whom the motion is directed, shall draw every reasonable inference in that party’s favor, and shall not weigh the evidence or assess the credibility of witnesses.

Ruling; Deferral. The court may grant the motion, deny it, or defer ruling and submit the action to the jury subject to a later decision of the legal questions the motion raises. Where the court does not grant the motion, the court is considered to have submitted the action to the jury subject to the court’s later deciding those questions.

Effect Upon the Right to Offer Evidence. A party who moves under this subdivision at the close of an opposing party’s evidence does not waive the right to offer evidence if the motion is denied or deferred.

Prerequisite. A renewed motion for judgment as a matter of law may be made only by a party who moved under subdivision (1) before the action was submitted to the jury, and only upon a ground stated in that earlier motion.

Time. A renewed motion shall be filed through the electronic filing system not later than seventy-two (72) hours after the entry of judgment, or, where the motion addresses an issue not decided by a verdict, not later than seventy-two (72) hours after the jury was discharged. The period runs continuously in Coordinated Universal Time from the recorded moment of the event. The period may be enlarged only upon motion made before it has run and only for good cause, and shall not be enlarged after it has run.

Alternative Request for a New Trial. The renewed motion may include an alternative or joint request for a new trial under Rule 35.

The Court’s Options. In ruling upon the renewed motion the court may:

Conditional Ruling upon a New-Trial Motion. Where the court grants a renewed motion for judgment as a matter of law, it shall also rule conditionally upon any motion for a new trial by determining whether a new trial should be granted if the judgment is later vacated or reversed, and shall state the grounds of the conditional ruling. Conditionally granting the motion for a new trial does not affect the finality of the judgment; if the judgment is reversed, the new trial shall proceed unless the Supreme Court orders otherwise. Where the motion for a new trial is conditionally denied, the appellee may assert error in that denial.

Time for the Losing Party’s New-Trial Motion. A motion for a new trial under Rule 35 by a party against whom judgment as a matter of law is rendered shall be filed not later than seventy-two (72) hours after the entry of that judgment.

Denial; Appeal. Where the court denies the renewed motion, the prevailing party may, as appellee, assert grounds entitling it to a new trial should the Supreme Court conclude that the trial court erred in denying the motion. An appeal is governed by the Ridgeway Rules of the Supreme Court.

Which Provision Governs. In an action tried by the court without a jury, or upon an issue tried with an advisory jury under Rule 27.1(6), this subdivision and Rule 28(2)(b) govern, and subdivisions (1) and (2) of this rule do not apply. Judgment as a matter of law under subdivision (1) is available only in a trial to a jury impaneled under Rule 27.1. In an action tried to such a jury, subdivisions (1) and (2) govern and this subdivision does not apply.

Motion at the Close of the Plaintiff’s Evidence. After the plaintiff has completed the presentation of the plaintiff’s evidence in an action tried by the court without a jury, the defendant, without waiving the right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief, as Rule 28(2)(b) provides.

The Court’s Options. Upon a motion under paragraph (b) the court as trier of the facts may determine the facts and render judgment against the plaintiff, or may decline to render any judgment until the close of all the evidence.

Standard. In ruling upon a motion under this subdivision the court sits as the trier of fact. The court is not required to consider the evidence in the light most favorable to the plaintiff, and may weigh the evidence, resolve conflicts in it, and assess the credibility of witnesses. This is the respect in which this subdivision differs from subdivision (1), and the difference is deliberate.

Judgment on Partial Findings. Where a party has been fully heard upon an issue during a trial without a jury and the court finds against that party upon that issue, the court may enter judgment against that party upon a claim or defense which, under the controlling law, can be maintained or defeated only with a favorable finding upon that issue. The court may decline to render any judgment until the close of the evidence. This paragraph applies to any party and to any issue, and is not limited to a motion made at the close of the plaintiff’s evidence.

Findings Required. A judgment entered under this subdivision shall be supported by findings of fact and conclusions of law as Rule 34 requires. A dismissal entered without such findings shall be treated as a dismissal for failure to prosecute under Rule 28(2)(b) and not as an adjudication upon the merits of the claim.

Effect. Unless the order states otherwise, a judgment or dismissal entered under this subdivision operates as an adjudication upon the merits, as Rule 28(2)(c) provides.

Motion by the Court. The court may act under paragraph (e) on its own after affording the party against whom judgment would be entered notice and an opportunity to be heard.