Ohio Civ.R. 50

(A) Motion for directed verdict

(1) When made

A motion for a directed verdict may be made on the opening statement of the

opponent, at the close of the opponent's evidence or at the close of all the evidence.

(2) When not granted

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.

(3) Grounds

A motion for a directed verdict shall state the specific grounds therefor.

(4) When granted on the evidence

When a motion for a directed verdict has been properly made, and the trial court,

after construing the evidence most strongly in favor of the party against whom the

motion is directed, finds that upon any determinative issue reasonable minds could

come to but one conclusion upon the evidence submitted and that conclusion is

adverse to such party, the court shall sustain the motion and direct a verdict for the

moving party as to that issue.

(5) Jury assent unnecessary

The order of the court granting a motion for a directed verdict is effective without

any assent of the jury.

(B) Post-trial motion for judgment or for judgment notwithstanding the verdict or in lieu

of verdict

(1) Whether or not a motion to direct a verdict has been made or overruled, a party may

serve a motion to have the verdict and any judgment entered thereon set aside and

to have judgment entered in acco rdance with the party’s motion. Such a motion

shall be served within twenty-eight days of the entry of judgment or, if the clerk

has not completed service of the notice of judgment within the three-day period

described in Civ.R. 58(B), within twenty-eight days of the date when the clerk

actually completes service. If a verdict was not returned, a party may serve a motion

for judgment in accordance with the party’s motion within twenty-eight days of the

jury’s discharge. A motion for a new trial may be joined with either motion, or a

new trial may be requested in the alternative.

(2) Unless otherwise provided by local rule or by order of the court, arguments in

response to the motion shall be served within fourteen days of service of the motion,

and a movant’s reply may be served within seven days of service of the response to

the motion.

(3) If a verdict was returned, the court may allow the judgment to stand or may reopen

the judgment. If the judgment is reopened, the court shall either order a new trial

or direct the entry of judgment, but no judgment shall be rendered by the court on

the ground that the verdict is against the weight of the evidence. If no verdict was

returned the court may direct the entry of judgment or may order a new trial.

(C) Conditional rulings on motion for judgment notwithstanding verdict

(1) If the motion for judgment notwithstanding the verdict, provided for in division (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 vacate d

or reversed. 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 Civ.R. 59 not later than

twenty-eight days after entry of the judgment notwithstanding the verdict.

(D) Denial of motion for judgment notwithstanding verdict

If the motion for judgment notwithstanding the verdict is denied, the party who prevailed

on that motion may, as appellee, assert grounds entitling him to a new trial in the event the

appellate court concludes that the trial court erred in denying the moti on 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.

(E) Statement of basis of decision

When in a jury trial a court directs a verdict or grants judgment without or contrary to the

verdict of the jury, the court shall state the basis for its decision in writing prior to or

simultaneous with the entry of judgment. Such statement may be dictated into the record

or included in the entry of judgment.