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Rule 2-519 – Motion for Judgment

May 13, 2021 | Civil Prodcedure, Maryland

(a) Generally. A party may move for judgment on any or all of the issues in any action at the close of the evidence offered by an opposing party, and in a jury trial at the close of all the evidence. The moving party shall state with particularity all reasons why the motion should be granted. No objection to the motion for judgment shall be necessary. A party does not waive the right to make the motion by introducing evidence during the presentation of an opposing party’s case.
(b) Disposition. When a defendant moves for judgment at the close of the evidence offered by the plaintiff in an action tried by the court, the court may proceed, as the trier of fact, to determine the facts and to render judgment against the plaintiff or may decline to render judgment until the close of all the evidence. When a motion for judgment is made under any other circumstances, the court shall consider all evidence and inferences in the light most favorable to the party against whom the motion is made.
(c) Effect of Denial. A party who moves for judgment at the close of the evidence offered by an opposing party may offer evidence in the event the motion is not granted, without having reserved the right to do so and to the same extent as if the motion had not been made. In so doing, the party withdraws the motion.
(d) Reservation of Decision in Jury Cases. In a jury trial, if a motion for judgment is made at the close of all the evidence, the court may submit the case to the jury and reserve its decision on the motion until after the verdict or discharge of the jury. For the purpose of appeal, the reservation constitutes a denial of the motion unless a judgment notwithstanding the verdict has been entered.

Md. R. Civ. P. Cir. Ct. 2-519

This Rule is new but is derived in part as follows:

Section (a) is new and replaces former Rules 535 and 552 a.

Section (b) is in part derived from the 1968 version of Fed. R. Civ. P. 41(b) and is in part new.

Section (c) is derived from former Rule 552 b.

Section (d) is derived from former Rule 552 c.

Adopted April 6, 1984, eff. July 1, 1984. Amended Nov. 12, 2003, eff. Jan. 1, 2004.

HISTORICAL NOTES

2003 Orders

The November 12, 2003, order amended the source note.