For example, in one patent case, a defendant was deemed to have waived its obviousness defense because its JMOL motion only addressed the issues of inequitable conduct and anticipation. Thus, if an issue was not raised in a party’s Rule 50(a) motion for JMOL, then that issue will be deemed waived. Importantly, a motion for renewed JMOL can only encompass issues raised during a previous motion for JMOL.
As the name suggests, the standard for renewed JMOL is similar to the standard for a Rule 50(a) JMOL: a court may grant such a motion if it finds that no reasonable jury could have returned the verdict that was given. After a jury trial, a party may file a renewed motion for JMOL (formerly known as a “judgment notwithstanding the verdict” or “JNOV”) under Federal Rule of Civil Procedure 50(b). Renewed JMOL, aka Judgment Notwithstanding the Verdict (“JNOV”).
Jmol civil procedure trial#
Motions for JMOL are rarely granted but are critically important procedurally because they preserve a party’s ability to move for Renewed JMOL after trial and, if necessary, for appeal. If the Court grants JMOL, the issue is removed from the jury’s consideration. This was formerly called a motion for a “directed verdict.” The Court will grant JMOL if it determines that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue.
After a party has presented all of its evidence on an issue in a civil jury trial, but before the issue goes to the jury, the opposing party should move for JMOL under Federal Rule of Civil Procedure 50(a). A JMOL motion is technically not a post-trial motion, but it serves as a critical foundation for post-trial motions, which is why we cover it here. Motion for Judgment as a Matter of Law (“JMOL”), aka Directed Verdict. This blog post discusses generally the types of motions a party should consider filing, and/or should expect to be filed against it.
Jmol civil procedure pro#
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