Mont. R. Civ. P. 50

(a) Judgment as a Matter of Law.

(1) In General. If a party has been fully heard on an issue during a jury trial and the

court finds that a reasonable jury would not have a legally sufficient evidentiary basis

to find for the party on that issue, the court may:

(A) resolve the issue against the party; and

(B) grant a motion for judgment as a matter of law against the party on a claim

or defense that, under the controlling law, can be maintained or defeated only

with a favorable finding on that issue.

(2) Motion. A motion for judgment as a matter of law may be made at any time

before the case is submitted to the jury. The motion must specify the judgment sought

and the law and facts that entitle the movant to the judgment.

(b) Renewing the Motion after Trial; Alternative Motion for a New Trial. If the court

does not grant a motion for judgment as a matter of law made under Rule 50(a), the court

is considered to have submitted the action to the jury subject to the court’s later deciding

the legal questions raised by the motion. No later than 28 days after the entry of judgment

-- or if the motion addresses a jury issue not decided by a verdict, no later than 28 days

after the jury was discharged -- the movant may file a renewed mo tion for judgment as a

matter of law and may include an alternative or joint request for a new trial under Rule 59.

If the court does not rule on a properly filed renewed motion for judgment as a matter of

law or an alternative or joint request for a new trial within 60 days from its filing date, the

motion is deemed denied. In ruling on the renewed motion, the court may:

(1) allow judgment on the verdict, if the jury returned a verdict;

(2) order a new trial; or

(3) direct the entry of judgment as a matter of law.

(c) Granting the Renewed Motion; Conditional Ruling on a Motion for a New Trial.

(1) In General. If the court grants a renewed motion for judgment as a matter of law,

it must also conditionally rule on any motion for a new trial by determining whether

a new trial should be granted if the judgment is later vacated or reversed. The court

must state the grounds for conditionally granting or denying the motion for a new

trial.

(2) Effect of a Conditional Ruling. Conditionally granting the motion for a new trial

does not affect the judgment's finality; if the judgment is reversed, the new trial must

proceed unless the appellate court orders otherwise. If the motion for a new trial is

conditionally denied, the appellee may assert error in that denial; if the judgment is

reversed, the case must proceed as the appellate court orders.

(d) Time for a Losing Party’s New-Trial Motion. Any motion for a new trial under Rule

59 by a party against whom judgment as a matter of law is rendered must be filed no later

than 28 days after the entry of the judgment.

(e) Denying the Motion for Judgment as a Matter of Law; Reversal on Appeal. If the

court denies the motion for judgment as a matter of law, the prevailing party may, as

appellee, assert grounds entitling it to a new trial should the appellate court conclude that

the trial court erred in denying the motion. If the appellate court reverses the judgment, it

may order a new trial, direct the trial court to determine whether a new trial should be

granted, or direct the entry of judgment.