Fed. 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) R ENEWING THE MOTION AFTER TRIAL; A LTERNATIVE 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 motion for judgment as a matter of law and may include an

alternative or joint request for a new trial under Rule 59. 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) G RANTING THE RENEWED MOTION; C ONDITIONAL 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) D ENYING 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

75 Rule 51 FEDERAL RULES OF CIVIL PROCEDURE

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.

(As amended Jan. 21, 1963, eff. July 1, 1963; Mar. 2, 1987, eff. Aug.

1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993;

Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 12, 2006, eff. Dec. 1, 2006; Apr.

30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.)