Bar Exam — MBE (Multistate Bar Exam)Civil ProcedureMedium
A plaintiff filed a lawsuit in federal court against a defendant. After the close of all evidence, the defendant moved for judgment as a matter of law (JMOL), arguing that no reasonable jury could find for the plaintiff. The court denied the motion, and the jury subsequently returned a verdict for the plaintiff. The defendant still believes that the evidence was insufficient to support the verdict. What procedural step must the defendant have taken to preserve the right to file a renewed motion for judgment as a matter of law (RJML) after the verdict?
- AFiled a motion for a new trial before the jury rendered its verdict.
- BFiled a motion for judgment as a matter of law (JMOL) at the close of all evidence.
- CFiled an immediate appeal of the denial of the initial JMOL motion.
- DSubmitted proposed jury instructions that favored the defendant's position.
Show answer & explanationAnswer & explanation
Correct answer: B. Filed a motion for judgment as a matter of law (JMOL) at the close of all evidence.
Under Federal Rule of Civil Procedure 50(b), a party cannot file a renewed motion for judgment as a matter of law (RJML) after a jury verdict unless they first filed a motion for judgment as a matter of law (JMOL) under Rule 50(a) at some point before the case was submitted to the jury.
Why the other options are wrong
- A. A motion for a new trial is a separate motion (Rule 59) and does not preserve the right to file an RJML.
- C. The denial of an initial JMOL motion is an interlocutory order and generally not immediately appealable.
- D. Proposed jury instructions are part of the trial process but do not preserve the right to challenge the sufficiency of evidence via RJML.
Prerequisite for Renewed Motion for Judgment as a Matter of Law (RJML)
To file a renewed motion for judgment as a matter of law (RJML) after a jury verdict, the moving party must have first filed a motion for judgment as a matter of law (JMOL) at some point before the case was submitted to the jury.
- Known as a Rule 50(b) motion.
- Must have made a Rule 50(a) motion earlier.
- Allows the court to reconsider the sufficiency of evidence after the verdict.
Memory trick: To renew your challenge to the jury, you must have started the 'movie' before the 'credits' rolled.