What is the prerequisite for filing a renewed Rule 50(b) motion?

• A. The renewal may be sought only after the initial 50(a) motion is properly made
• B. Only after a denial of a 50(a) motion
• C. The renewal can be filed at any time during trial
• D. There is no requirement for a 50(a) motion

Answer: (A)

To use a renewed Rule 50 motion, you must first preserve the issue by properly filing a Rule 50(a) motion for judgment as a matter of law during trial. Rule 50(b) is designed to review the same grounds after judgment, but it can be pursued only if the initial 50(a) motion was properly made. In other words, you can’t renew JMOL under Rule 50(b) unless you first raised and preserved the issue with a timely 50(a) motion; the renewal comes after judgment and within the allowed 28-day window, targeting the same grounds raised in the initial motion.