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Rule 50 – Motion for a Directed Verdict for Judgment, or for Judgment Judgment Notwithstanding the Verdict or in Lieu of Verdict

May 14, 2021 | Civil Procedure, Ohio

(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 accordance 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 this 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 vacated 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 motion 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.

Ohio. Civ.R. 50

Effective: July 1, 1970; July 1, 2013; July 1, 2015; amended effective July 1, 2018.

Staff Note (July 1, 2018 Amendment)

Division (B): Post-trial motion for judgment or for judgment in lieu of verdict.

The amendment provides that if the clerk fails to serve the parties with notice of a judgment in the three-day period contemplated by Civ.R. 58(B), the time to serve a post-trial motion for judgment in favor of the movant does not begin to run until after the clerk does so. The purpose of the amendment is to avoid the harsh result that otherwise can occur if a would-be movant does not receive notice of the judgment. See, e.g., Wing v. Haaff, 1st Dist. Hamilton No. C-160257, 2016- Ohio-8258. This amendment brings the timing of post-trial motions under Civ.R. 50 in line with the timing of a notice of appeal in civil cases under App.R. 4(A)(3).

Staff Note (July 1, 2015 Amendments)

Consistent with the provisions of Civ.R. 59(B) addressing motions for new trial, Civ.R. 50(B) is amended to make clear that the motion must be served within the required time. The time for filing the motion is governed by Civ.R. 5(D).

Consistent with a similar amendment to Civ.R. 6(B), the provisions of Civ.R. 50(B) are also amended to specify, in the absence of a local rule or court order providing a time for responding to a motion for judgment notwithstanding the verdict, a fallback time of fourteen days after service of the motion within which to serve responsive arguments. In the absence of a local rule or court order addressing replies, the amendment also permits the movant to serve reply arguments within seven days after service of the adverse party’s response. The time for filing responsive arguments and replies is governed by Civ.R. 5(D), again in the absence of a local rule or order of the court specifying a different time for filing.

Staff Notes (July 1, 2013 Amendments)

Rule 50(B) is amended to extend the time for filing a motion for judgment notwithstanding the verdict to 28 days after entry of judgment, or within 28 days after the jury has been discharged if a verdict was not returned. These changes are modeled on the 2009 amendments to Fed. R. Civ. P. 50(b) and are made for the same reasons that prompted the amendments to the federal rule.