(a) When Permitted. In a jury trial, a party may move for judgment notwithstanding the verdict only if that party made a motion for judgment at the close of all the evidence and only on the grounds advanced in support of the earlier motion.
(b) Time for Filing. The motion shall be filed within ten days after entry of judgment on the verdict or, if no verdict is returned, within ten days after the discharge of the jury. If the court reserves ruling on a motion for judgment made at the close of all the evidence, that motion becomes a motion for judgment notwithstanding the verdict if the verdict is against the moving party or if no verdict is returned. A motion for judgment notwithstanding the verdict filed after the announcement or signing by the trial court of a judgment or the return of a verdict but before entry of the judgment on the docket shall be treated as filed on the same day as, but after, the entry on the docket.
Cross reference: See Rule 8-205 requiring notice to the Clerk of the Court of Special Appeals of information not disclosed in an information report regarding the filing of a motion under this Rule, or its withdrawal or disposition.
(c) Joinder With Motion for New Trial. A motion for judgment notwithstanding the verdict may be joined with a motion for a new trial.
(d) Effect of Failure to Make Motion. Failure to move for a judgment notwithstanding the verdict under this Rule does not affect a party’s right upon appeal to assign as error the denial of that party’s motion for judgment.
(e) Disposition. If a verdict has been returned, the court may deny the motion, or it may grant the motion, set aside any judgment entered on the verdict, and direct the entry of a new judgment. If a verdict has not been returned, the court may grant the motion and direct the entry of judgment or order a new trial. If a party’s motion for judgment notwithstanding the verdict is granted, the court at the same time shall decide whether to grant that party’s motion for new trial, if any, should the judgment thereafter be reversed on appeal.
(f) Effect of Reversal on Appeal.
(1)When Judgment Notwithstanding the Verdict Granted. If a motion for judgment notwithstanding the verdict is granted and the appellate court reverses, it may (A) enter judgment on the original verdict, (B) remand the case for a new trial in accordance with a conditional order of the trial court, or (C) itself order a new trial. If the trial court has conditionally denied a motion for new trial, the appellee may assert error in that denial and, if the judgment notwithstanding the verdict is reversed, subsequent proceedings shall be in accordance with the order of the appellate court.
(2)When Judgment Notwithstanding the Verdict Denied. If a motion for judgment notwithstanding the verdict has been denied and the appellate court reverses, it may (A) enter judgment as if the motion had been granted or (B) itself order a new trial. If the motion for judgment notwithstanding the verdict has been denied, the prevailing party may, as appellee, assert grounds entitling that party to a new trial in the event the appellate court concludes that the trial court erred in denying the motion. 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 should be granted.
Md. R. Civ. P. Cir. Ct. 2-532
This Rule is derived as follows:
Section (a) is derived in part from former Rule 563 a and is in part new.
Section (b) is derived from the 1963 version of Fed. R. Civ. P. 50(b) and in part from former Rule 563 a 2.
Section (c) is derived from former Rule 563 a 3.
Section (d) is derived from former Rule 563 a 4.
Section (e) is derived from former Rule 563 b.
Section (f) is derived from former Rule 563 c and the 1963 version of Fed. R. Civ. P. 50(c) and (d).
Adopted April 6, 1984, eff. July 1, 1984. Amended Oct. 31, 2002, eff. Jan. 1, 2003; Nov. 12, 2003, eff. Jan. 1, 2004; May 8, 2007, eff. July 1, 2007.
HISTORICAL NOTES
2002 Orders
The October 31, 2002, order added the cross reference following section (b).
2003 Orders
The November 12, 2003, order amended the source note.
2007 Orders
The May 8, 2007, order amended section (b) by adding “A motion for judgment notwithstanding the verdict filed after the announcement or signing by the trial court of a judgment or the return of a verdict but before entry of the judgment on the docket shall be treated as filed on the same day as, but after, the entry on the docket. as the last sentence.
See Rule 8-205 requiring notice to the Clerk of the Court of Special Appeals of information not disclosed in an information report regarding the filing of a motion under this Rule, or its withdrawal or disposition.
