What type of evidence counts for the movant in Rule 50(b)?

• A. Only statements from the moving party
• B. Only disinterested, uncontroverted and unimpeached evidence is taken in favor of the movant
• C. Hearsay evidence is always excluded
• D. Any evidence presented at trial

Answer: (B)

In a renewed motion for judgment as a matter of law under Rule 50(b), the court evaluates whether there is a legally sufficient evidentiary basis for a verdict in favor of the movant, using the record as a whole and viewing it in the light most favorable to the nonmovant. The key idea here is that only evidence that is undisputed, unimpeached, and would be admissible at trial should count in supporting the movant’s position. If the opposing party has presented evidence that contradicts or impeaches the movant’s evidence, those portions create genuine factual disputes and prevent the court from granting JMOL. So, the movant’s argument rests on evidence that is uncontroverted and unimpeached, not on every bit of testimony or every exhibit from trial. This is why the best description is that only disinterested, uncontroverted and unimpeached evidence is counted for the movant. Hearsay and other contested or impeached material can’t reliably support a JMOL, and evidence presented by the other side can undermine the movant’s claim, making a JMOL inappropriate.