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AK · rules

Alaska R. Civ. P. 50

Motion for a Directed Verdict and for Judgment

activein force · 1994-07-15 – presentact-effective-date

(a) Motion for Directed Verdict—When Made—

Effect. 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.

(b) Motion for Judgment Notwithstanding the Verdict. Whenever a motion for a directed verdict made at the

close of all the evidence is denied or for any reason is not

granted, the court is deemed to have submitted the action to the

jury subject to a later determination of the legal questions

raised by the motion. Not later than 10 days after the date

shown in the clerk’s certificate of distribution on the judgment,

a party who 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 the party’s

motion for a directed verdict; 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 the party’s motion

for a directed verdict. 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 set aside 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

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 the party 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.

History

(Adopted by SCO 5 October 9, 1959; amended by SCO 258 effective November 15, 1976; by SCO 554 effective April 4, 1983; and by SCO 1153 effective July 15, 1994) LAW REVIEW COMMENTARIES “Summary Judgment In Alaska,” 32 Alaska L. Rev. 181 (2015).

Provenance

Source
courts.alaska.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
d4fb37c3fb0ccb305cd153bce976f40cc63733e65714f372babcb7d812cbcdfc
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