Who may move for JMOL after the plaintiff presents evidence, cross, and the plaintiff rests?

• A. defendant
• B. nobody
• C. the jury
• D. the court

Answer: (A)

Judgment as a matter of law is raised when the evidence presented in the trial so fails to support a verdict that no reasonable jury could reach that verdict. After the plaintiff has presented its case, including evidence and cross-examination, and the plaintiff rests, the defendant is the party who may move for JMOL under Rule 50(a). The idea is that once the plaintiff’s evidence is in, the defendant can ask the court to rule that, as a matter of law, there is insufficient evidence to support any verdict for the plaintiff on one or more claims or elements. The court decides that issue before sending the case to the jury. If the court grants the JMOL, judgment is entered for the defendant on those claims or issues; if the court denies it, the trial continues and the movant can renew the motion after verdict under Rule 50(b). The jury does not move for JMOL, and “nobody” would misstate who can raise the issue.