By

Nevada Rules of Civil Procedure

RULE 50.  JUDGMENT AS A MATTER OF LAW IN JURY TRIALS; 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 on the facts and law a party has failed to prove a sufficient issue for the jury, 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 the close of the evidence offered by the nonmoving party or at the close of the case. Such a motion shall specify the judgment sought and the law and the facts on which the moving party is entitled to the judgment.

      [As amended; effective January 1, 2005.]

      (b) Renewing Motion for Judgment After Trial; Alternative Motion for New Trial.  If, for any reason, the court does not grant a motion for judgment as a matter of law made at the close of all the evidence, the court is considered to have submitted the action to the jury subject to the court’s later deciding the legal questions raised by the motion. The movant may renew its request for judgment as a matter of law by filing a motion no later than 10 days after service of written notice of entry of judgment and may alternatively request a new trial or join a motion for new trial under Rule 59. In ruling on a renewed motion the court may:

              (1) if a verdict was returned:

                    (A) allow the judgment to stand,

                    (B) order a new trial, or

                    (C) direct entry of judgment as a matter of law; or

              (2) if no verdict was returned:

                    (A) order a new trial, or

                    (B) direct entry of judgment as a matter of law.

      [As amended; effective January 1, 2005.]

      (c) Granting Renewed Motion for Judgment as a Matter of Law; Conditional Rulings; New Trial Motion.

              (1) If the renewed motion for judgment as a matter of law is granted, the court shall also rule on the motion for 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 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) Any motion for a new trial under Rule 59 by a party against whom judgment as a matter of law is rendered shall be filed not later than 10 days after service of written notice of entry of the judgment.

      [Added; effective March 16, 1964; Amended effective January 1, 2005.]

      (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 that 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.

      [Added; effective March 16, 1964; Amended effective January 1, 2005.]

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on business law, business litigation, and acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.