Trial, Jury, Judgment as a Matter of Law, and Post-Trial Motions
Key Takeaways
- The Seventh Amendment preserves the right to a jury trial in federal actions at law, but not in equity; in mixed cases legal issues are tried to the jury first (Beacon Theatres / Dairy Queen).
- A jury-trial demand must be served in writing within 14 days after the last pleading raising the issue, or the right is waived (Rule 38).
- A motion for judgment as a matter of law (JMOL, Rule 50(a)) may be granted before the case goes to the jury when no reasonable jury could find for the nonmovant; it must be made before the case is submitted to preserve a renewed motion.
- A renewed JMOL (Rule 50(b)) must be filed within 28 days after entry of judgment, and is available only if a Rule 50(a) motion was made at trial.
- A new trial under Rule 59 may be granted for prejudicial error, verdict against the weight of the evidence, or excessive/inadequate damages, also within 28 days; California instead uses nonsuit, directed verdict, and JNOV under the CCP.
The Seventh Amendment Right to a Jury Trial
The Seventh Amendment preserves the right to a jury trial 'in suits at common law' where the amount in controversy exceeds $20 — i.e., in actions seeking legal relief (damages), but not in equitable actions (injunction, specific performance, rescission). To classify a claim, courts compare it to 18th-century English practice and examine the remedy sought (the more important factor).
Mixed legal and equitable claims
When a case combines legal and equitable claims sharing common fact issues, the legal issues must be tried to the jury first, and the jury's findings bind the judge on the equitable claims (Beacon Theatres v. Westover; Dairy Queen v. Wood). This protects the jury-trial right from being eroded by deciding the equitable claim first.
Demand and waiver (Rule 38)
- A party must serve a written demand for a jury trial no later than 14 days after service of the last pleading directed to the triable issue; failure to demand waives the right.
- Federal civil juries have 6 to 12 members (Rule 48), and the verdict must be unanimous unless the parties stipulate otherwise.
- The court controls jury instructions and may use general verdicts, special verdicts (Rule 49(a)), or general verdicts with written questions (49(b)).
Judgment as a Matter of Law (Rule 50)
Judgment as a matter of law (JMOL) removes the case from the jury when the evidence is legally insufficient.
Pre-verdict JMOL (Rule 50(a)) — formerly 'directed verdict'
After a party has been fully heard on an issue, the court may grant JMOL if 'a reasonable jury would not have a legally sufficient evidentiary basis' to find for that party. The court views evidence in the light most favorable to the nonmovant and does not weigh credibility. A 50(a) motion may be made any time before the case is submitted to the jury.
Renewed JMOL (Rule 50(b)) — formerly 'JNOV' (judgment notwithstanding the verdict)
If the court denies the 50(a) motion and the jury returns an adverse verdict, the movant may renew the motion within 28 days after entry of judgment.
- Critical prerequisite: a Rule 50(b) renewed motion is available only if the party made a Rule 50(a) motion at trial before submission. Failing to move pre-verdict waives the right to a renewed JMOL — a favorite MBE trap.
- The court may rule on the verdict, order a new trial, or direct entry of judgment.
Standard reminder: Both JMOL stages use the same 'no reasonable jury' standard as summary judgment — the difference is only timing (SJ is pretrial; JMOL is at/after trial).
New Trial, Remittitur, and California's Post-Trial Toolkit
Motion for a new trial (Rule 59)
A court may grant a new trial (in whole or part) within 28 days after entry of judgment for reasons such as:
- Prejudicial legal error (erroneous instructions, improper evidence),
- A verdict against the clear weight of the evidence (here the judge may weigh evidence and assess credibility — unlike JMOL),
- Excessive or inadequate damages, jury misconduct, or newly discovered evidence.
Remittitur: A federal court may condition denial of a new trial on the plaintiff accepting a reduced damages award (remittitur). Additur (increasing an inadequate award) is unconstitutional in federal court (Dimick v. Schiele) but is permitted in California.
Relief from judgment (Rule 60(b))
Separately, Rule 60(b) allows relief from a final judgment for mistake/excusable neglect, newly discovered evidence, fraud, a void judgment, or any other reason justifying relief. Most grounds require a motion within a reasonable time and, for the first three, no more than 1 year.
California distinctions
California uses different vocabulary and tighter deadlines:
| Federal | California analogue |
|---|---|
| Pre-verdict JMOL (Rule 50(a)) | Nonsuit (after plaintiff's opening/case) and directed verdict (CCP 581c, 630) |
| Renewed JMOL (Rule 50(b)) | Judgment notwithstanding the verdict (JNOV) (CCP 629) |
| New trial (Rule 59) | Motion for new trial (CCP 657) — 15 days after notice of entry to file the notice of intention |
| Additur prohibited | Additur permitted (court may increase inadequate award) |
California civil juries also reach a verdict by three-fourths agreement (not unanimity), a frequently tested distinction.
Standards comparison and the timing traps
Keep the three sufficiency standards straight, because all three ask whether a reasonable jury could find for the nonmovant, differing only in timing and whether the court may weigh evidence:
| Motion | Timing | May court weigh evidence/credibility? |
|---|---|---|
| Summary judgment (Rule 56) | Pretrial | No |
| JMOL (Rule 50(a)/(b)) | At trial / within 28 days post-judgment | No |
| New trial — against the weight (Rule 59) | Within 28 days post-judgment | Yes — judge sits as a 'thirteenth juror' |
Critical traps: (1) The 28-day deadlines for renewed JMOL and new trial are jurisdictional in effect and cannot be extended by the court (Rule 6(b)(2)). (2) California's new-trial clock is much shorter — a notice of intention to move for new trial is due 15 days after service of notice of entry of judgment (CCP 659). (3) Additur is forbidden federally but allowed in California. (4) A Rule 50(b) renewed JMOL is waived unless a Rule 50(a) motion was made before the case went to the jury — never skip the pre-verdict motion.
At trial, a defendant believes the plaintiff's evidence is legally insufficient but never moves for judgment as a matter of law before the case goes to the jury. After an adverse verdict, can the defendant file a renewed motion under Rule 50(b)?
A federal jury awards what the trial judge considers grossly excessive damages. What may the judge constitutionally do?