Black-letter propositions
- 01
Summary judgment asks whether admissible record materials show no genuine dispute of material fact, drawing reasonable inferences for the nonmovant.
- 02
Judgment as a matter of law is available after a party has been fully heard when a reasonable jury lacks a legally sufficient evidentiary basis.
- 03
Renewed JMOL requires a timely pre-verdict JMOL motion on the same ground.
- 04
A new trial may be ordered for harmful error, verdict against the weight of evidence, excessive damages, misconduct, or other injustice; the judge has broader discretion than on JMOL.
- 05
A remittitur offers a new trial unless the plaintiff accepts a reduced award; additur is not permitted in federal court.
Use this attack sequence under time
Frame the issue
Identify timing and governing motion.
Resolve the next checkpoint
State who bears production and persuasion.
Resolve the next checkpoint
Do not weigh credibility on summary judgment or JMOL.
Resolve the next checkpoint
For renewed JMOL, confirm preservation.
Finish the conclusion
Separate harmless error from grounds requiring a new trial.
Common wrong turns
- A scintilla of evidence may not create a genuine dispute.
- Renewed JMOL cannot resurrect an unmade pre-verdict ground.
- A new-trial motion is not governed by the identical standard as JMOL.
Worked example
A defendant waits until after an adverse verdict to argue that the plaintiff offered no causation evidence, having made no JMOL motion before submission.
The defendant ordinarily forfeited renewed JMOL on that ground. A new-trial motion may remain available under its distinct standard, but it cannot erase the preservation requirement.
Practice this topic
Summary judgment
Rule 56(a) says the court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law, and the court should state its reasons. Under Rule 56(b), unless otherwise set, a party may move at any time until 30 days after the close of all discovery. Rule 56(c) requires supporting a factual position by citing materials in the record or showing that the materials cited do not establish the absence or presence of a genuine dispute.
Rule 56(d) lets a nonmovant who cannot present facts essential to its opposition seek deferral, more time or discovery by affidavit or declaration.
Judgment as a matter of law and new trial
Rule 50(a)(1) allows judgment as a matter of law when a party has been fully heard on an issue during a jury trial and a reasonable jury would not have a legally sufficient evidentiary basis to find for that party. The motion may be made at any time before the case is submitted to the jury and must specify the judgment sought and the law and facts that entitle the movant to it.
Rule 50(b) allows a renewed motion no later than 28 days after entry of judgment, with an alternative request for a new trial under Rule 59. Rule 59(b) sets a 28-day deadline for a new trial motion. Rule 60(b) separately lists grounds for relief from a final judgment, including mistake, newly discovered evidence, fraud, a void judgment and other reasons.
Frequently asked questions
What is the controlling rule for summary judgment, jmol, renewed jmol, and new trial?+
JMOL requires legally insufficient evidence and a timely pre-verdict motion; renewed JMOL is confined to preserved grounds, while a new trial addresses broader prejudicial error or injustice.
How should I analyze summary judgment, jmol, renewed jmol, and new trial on the bar exam?+
Identify timing and governing motion. State who bears production and persuasion. For renewed JMOL, confirm preservation.
What is the summary judgment standard?+
No genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law, under Rule 56(a).
When may a party move for summary judgment?+
At any time until 30 days after the close of all discovery, unless a local rule or court order sets a different time, under Rule 56(b).
What is judgment as a matter of law?+
A ruling that a reasonable jury would not have a legally sufficient evidentiary basis to find for a party on an issue, made under Rule 50(a) before submission to the jury.
How long does a party have to renew a Rule 50 motion?+
No later than 28 days after entry of judgment, according to Rule 50(b), with an alternative or joint request for a new trial under Rule 59.
What is the deadline for a new trial motion?+
No later than 28 days after the entry of judgment, under Rule 59(b).