Rule 50. Judgment as a matter of law in actions tried by jury; alternative motion for new trial; conditional rulings

Judgment as a matter of law in actions tried by jury; alternative motion for new trial; conditional rulings.

(a) Judgment as a matter of law.

(1) If during a trial by jury a party has been fully heard on an issue and there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue, the court may determine the issue against that party and may grant a motion for judgment as a matter of law against that party with respect to a claim or defense that cannot under the controlling law be maintained or defeated without a favorable finding on that issue.

(2) Motions for judgment as a matter of law may be made at any time before submission of the case to the jury. Such a motion shall specify the judgment sought and the law and the facts on which the moving party is entitled to the judgment.

(b) Renewal of motion for judgment after trial; alternative motion for new trial. Whenever a motion for a judgment as a matter of law made at the close of all the evidence is denied or for any reason is not granted, the court is deemed to have submitted the action to the jury subject to a later determination of the legal questions raised by the motion. Such a motion may be renewed by service and filing not later than thirty (30) days after entry of judgment. A motion for a new trial under Rule 59 may be joined with a renewal of the motion for a judgment as a matter of law, or a new trial may be requested in the alternative. If a verdict was returned, the court may, in disposing of the renewed motion, allow the judgment to stand or may reopen the judgment and either order a new trial or direct the entry of judgment as a matter of law. If no verdict was returned the court may, in disposing of the renewed motion, direct the entry of judgment as a matter of law or may order a new trial.

(c) Same: Conditional rulings on grant of motion for judgment as a matter of law.

(1) If the renewed motion for judgment as a matter of law 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, and shall specify the grounds for granting or denying the motion for the new trial. 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 against whom judgment as a matter of law has been entered may file a motion for a new trial pursuant to Rule 59 not later than thirty (30) days after entry of the judgment.

(d) Same: Denial of motion for judgment as a matter of law. If the motion for judgment as a matter of law is denied, the party who prevailed on the motion may, as appellee, assert grounds entitling the party to a new trial in the event the appellate court concludes that the trial court erred in denying the motion for judgment. 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.

(dc) District court rule. Rule 50 does not apply in the district courts. [Amended 3-1-83, eff. 7-1-83; Amended eff. 10-1-95.]

Committee Notes

Committee Comments on 1973 Adoption This rule is identical to Federal Rule 50 except for expansion of the time limits therein from 10 to 30 days and express retention of the scintilla evidence rule. Rule 50(a) and 50(b) supplant Alabama procedural devices which formerly operated in this area. The motion for a directed verdict at the close of the opponent’s evidence is a complete substitute for the demurrer to the evidence, the motion to exclude the evidence, and the motion for the affirmative charge at the end of the opponent’s evidence. The motion for a directed verdict performs every function that these earlier devices did and hence, they are abolished, and it is procedurally an improvement since a party can test the sufficiency of his opponent’s evidence by moving for a directed verdict without waiving his own right to present evidence if the motion is denied. Alabama law heretofore has been to the contrary. Code 1940, Tit. 7, § 244; McCarty v. Williams, 212 Ala. 232, 102 So. 133 (1924); Stewart Bros. v. Ransom, 200 Ala. 304, 76 So. 70 (1917). But cf. Atlantic Coast Line R. Co. v. French, 261 Ala. 306, 74 So.2d 266 (1954). The motion for a directed verdict at the close of all the evidence will be in all respects a substitute for the peremptory charge. Under Rule 50, a motion for a directed verdict will be granted or denied in any situation where the peremptory charge would be granted or denied under present Alabama law. See McElroy, The General Affirmative Charge with Hypothesis, 1 Ala.L.Rev. 151, 152 (1948). Alabama has also had a somewhat unique procedure known as the “affirmative charge with hypothesis.” Where the party having the burden of proof has made out his case by uncontradicted testimony, the case is sent to the jury but with a special direction that “if the jury believe the evidence, it must find for the plaintiff.” Allen v. Southern Coal & Coke Co., 205 Ala. 363, 87 So. 562 (1921). In federal courts and in most states, the case is not submitted to th