What must be true before a renewed JMOL under Rule 50(b) may be brought?

• A. A proper 50(a) motion must have been made
• B. The jury must be deadlocked
• C. The case must be on appeal
• D. The motion must be supported by new evidence

Answer: (A)

The needed prerequisite is preserving the challenge at trial with a Rule 50(a) motion. A renewed judgment as a matter of law under Rule 50(b) can be brought only if there was a proper Rule 50(a) motion made (timely and on the same grounds), and the court either denied it or reserved ruling and then entered judgment. This preserves the error for appeal and gives the court a chance to correct it before final judgment.

The other ideas aren’t required: a deadlocked jury isn’t needed, the case doesn’t have to be on appeal, and new evidence isn’t involved—Rule 50(b) addresses legal sufficiency after verdict, not new evidence.