Judgement As A Matter Of Law
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A motion for judgment as a matter of law (JMOL) is a motion made by a party, during trial, claiming the opposing party has
insufficient evidence In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts ...
to reasonably support its case. JMOL is also known as a directed verdict, which it has replaced in American federal courts. JMOL is similar to
judgment on the pleadings Judgement (or US spelling judgment) is also known as '' adjudication'', which means the evaluation of evidence to make a decision. Judgement is also the ability to make considered decisions. The term has at least five distinct uses. Aristotle ...
and summary judgment, all of which test the factual sufficiency of a claim. Judgment on the pleadings is a motion made after pleading and before discovery; summary judgment happens after discovery and before trial; JMOL occurs during trial. In United States federal courts, JMOL is a creation of Rule 50 of the
Federal Rules of Civil Procedure The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling ...
. JMOL is decided by the standard of whether a reasonable jury could find in favor of the party opposing the JMOL motion. If there is no evidence to support a reasonable conclusion for the opposing party, judgment is entered by the court and the case is over. If there is sufficient evidence to make a reasonable conclusion in favor of the opposing party, but there is equally strong evidence to support an opposite conclusion, the party with the
burden of persuasion In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts ...
fails. Timing is very important in making a motion for JMOL; the motion can be made only after the opposing party has presented its case. In civil cases, the plaintiff presents its case, the
defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdic ...
presents its case, and the plaintiff may present a rebuttal. Therefore, once the plaintiff has presented its case, the defendant but not the plaintiff can move for JMOL. However, once the defendant has finished presenting its case, both the plaintiff and the defendant can move for JMOL. JMOL motions may also be made after the verdict is returned and are then called "renewed" motions for judgment as a matter of law (RJMOL), but the motion is still commonly known by its former name, judgment notwithstanding the verdict, or JNOV (from the English judgment and the Latin ''non obstante veredicto'').


See also

* Judgment notwithstanding the verdict *
New trial A new trial or retrial is a recurrence of a court case. A new trial may potentially be ordered for some or all of the matters at issue in the original trial. Depending upon the rules of the jurisdiction and the decision of the court that ordered ...
* No case to answer * Renewed judgment as a matter of law * Summary judgment


References

{{DEFAULTSORT:Judgment As A Matter Of Law United States civil procedure Matter of law American legal terminology