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

• A. anyone
• B. defendant
• C. plaintiff
• D. the judge

Answer: (A)

Judgment as a matter of law (JMOL) is available when a party has been fully heard on an issue and there would be no legally sufficient evidentiary basis for a rational jury to return a verdict for that party. After the defendant finishes presenting its evidence, cross-examining, and resting, the stage is set for a JMOL motion because the opposing party has had a full opportunity to present its claims and evidence on those issues. The rule allows any party to move for JMOL at this point if the evidence, viewed in the light most favorable to the non-movant, would not permit a reasonable jury to decide in that party’s favor. In this scenario, that means the plaintiff (the non-moving party up to that point) may move for JMOL on the issues where they believe no reasonable jury could find for the defendant. The judge then decides based on the legal sufficiency of the evidence. The option that the motion must come from the judge or from a specific side is too narrow; the rule permits a JMOL motion by any party after the other side has been fully heard.