Judgment as a matter of law
Encyclopedia
Judgment as a matter of law (JMOL) is a motion made by a party, during trial, claiming the opposing party has insufficient evidence to reasonably support its case. JMOL is also known as a directed verdict
, which it has replaced in American Federal courts.
JMOL is similar to judgment on the pleadings and summary judgment
, all of which test the factual sufficiency of a claim. Judgment on the pleadings is a motion
made after pleading and before discovery
; summary judgment happens after discovery and before trial; JMOL occurs during trial.
In United States federal courts
, JMOL is a creation of Federal Rules of Civil Procedure
Rule 50. JMOL is decided by the standard of whether a reasonable jury could find in favor of the party opposing the JMOL motion. If there is no evidence to support a reasonable conclusion for the opposing party, judgment is entered by the court and the case is over. If there is sufficient evidence to make a reasonable conclusion in favor of the opposing party, but there is equally strong evidence to support an opposite conclusion, the party with the burden of persuasion fails.
Timing is very important in making a motion for JMOL; the motion can only be made once the opposing party has presented its case. In civil cases, the plaintiff
presents her case, then the defendant
presents his/her case, then the plaintiff may present a rebuttal
. So, once the plaintiff has presented his/her case, the defendant may move for JMOL, but the plaintiff may not. Once the defendant has finished presenting his/her case, the plaintiff may move for JMOL, and so may the defendant.
JMOL motions may also be made after the verdict is returned, where they are called "renewed" motions for judgment as a matter of law (RJMOL), but the motion is still commonly known by its former name, judgment notwithstanding verdict
, or j.n.o.v. (from the English
judgment and the Latin
non obstante veredicto). However, in order to move for j.n.o.v., the movant must have moved for a JMOL before the verdict as well. This procedural quirk is necessary because it is considered a violation of the 7th amendment
for a judge to overturn a jury verdict. Instead, the judge is said in a j.n.o.v. to be reexamining not the verdict, but his previous rejection of JMOL.
Directed verdict
In a jury trial, a directed verdict is an order from the presiding judge to the jury to return a particular verdict. Typically, the judge orders a directed verdict after finding that no reasonable jury could reach a decision to the contrary...
, which it has replaced in American Federal courts.
JMOL is similar to judgment on the pleadings and summary judgment
Summary judgment
In law, a summary judgment is a determination made by a court without a full trial. Such a judgment may be issued as to the merits of an entire case, or of specific issues in that case....
, all of which test the factual sufficiency of a claim. Judgment on the pleadings is a motion
Motion (legal)
In law, a motion is a procedural device to bring a limited, contested issue before a court for decision. A motion may be thought of as a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is...
made after pleading and before discovery
Discovery (law)
In U.S.law, discovery is the pre-trial phase in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the opposing party by means of discovery devices including requests for answers to interrogatories, requests for production of documents, requests for...
; summary judgment happens after discovery and before trial; JMOL occurs during trial.
In United States federal courts
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
, JMOL is a creation of Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
Rule 50. JMOL is decided by the standard of whether a reasonable jury could find in favor of the party opposing the JMOL motion. If there is no evidence to support a reasonable conclusion for the opposing party, judgment is entered by the court and the case is over. If there is sufficient evidence to make a reasonable conclusion in favor of the opposing party, but there is equally strong evidence to support an opposite conclusion, the party with the burden of persuasion fails.
Timing is very important in making a motion for JMOL; the motion can only be made once the opposing party has presented its case. In civil cases, the plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
presents her case, then the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
presents his/her case, then the plaintiff may present a rebuttal
Rebuttal
In law, rebuttal is a form of evidence that is presented to contradict or nullify other evidence that has been presented by an adverse party. By analogy the same term is used in politics and public affairs to refer to the informal process by which statements, designed to refute or negate specific...
. So, once the plaintiff has presented his/her case, the defendant may move for JMOL, but the plaintiff may not. Once the defendant has finished presenting his/her case, the plaintiff may move for JMOL, and so may the defendant.
JMOL motions may also be made after the verdict is returned, where they are called "renewed" motions for judgment as a matter of law (RJMOL), but the motion is still commonly known by its former name, judgment notwithstanding verdict
Judgment notwithstanding verdict
Judgment notwithstanding the verdict, also called judgment non obstante veredicto, or JNOV, is a type of judgment as a matter of law that is ordered at the conclusion of a jury trial....
, or j.n.o.v. (from the English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
judgment and the Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
non obstante veredicto). However, in order to move for j.n.o.v., the movant must have moved for a JMOL before the verdict as well. This procedural quirk is necessary because it is considered a violation of the 7th amendment
Seventh Amendment to the United States Constitution
The Seventh Amendment to the United States Constitution, which was ratified as part of the Bill of Rights, codifies the right to a jury trial in certain civil cases. However, in some civil cases, the Supreme Court has not incorporated the right to a jury trial to the states in the fashion which...
for a judge to overturn a jury verdict. Instead, the judge is said in a j.n.o.v. to be reexamining not the verdict, but his previous rejection of JMOL.
See also
- renewed judgment as a matter of law
- new trialNew trialA new trial or retrial is a recurrence of a court case. Depending on the rules of the jurisdiction, a new trial may occur if:*a jury is unable to reach a verdict ;...
- summary judgmentSummary judgmentIn law, a summary judgment is a determination made by a court without a full trial. Such a judgment may be issued as to the merits of an entire case, or of specific issues in that case....
- judgment notwithstanding the verdict