LAW 522-001 – Civil Procedure II

Directed Verdict


Judgment as a matter of law, formerly known as a directed verdict, is a judgment entered during a jury trial upon finding that a reasonable jury would not have a legally sufficient evidentiary basis to find otherwise.

In considering a motion for judgment as a matter of law, the judge must view all evidence in the light most favorable to the party opposing the motion. The judge cannot weigh the evidence or make credibility determinations between witnesses.

A "mere scintilla of evidence" by the party with the burden of proof is not sufficient to survive motion for judgment as a matter of law.

(The standard for judgment as a matter of law is almost the same as that of summary judgment.)

A judgment as a matter of law motion must be filed after the opposing party has been fully heard, but before the case is submitted to the jury.

Rule 50(a).