Miss. R. Civ. P. 50
Advisory Committee Historical Note
Effective July 1, 1997, Rulewas amended to clarify that Rule motions must be filed not later that ten days after entry of judgment. _____ So. 2d _____ (West Miss. Cases).
Advisory Committee Notes
Ruleapplies only in cases tried to a jury with power to return a binding verdict. Rule enables the court to determine whether there is any question of fact to be submitted to the jury and whether any verdict other than the one directed would be erroneous as a matter of law; it is conceived as a device to save the time and trouble involved in a lengthy jury determination.
Rulediffers from its federal rule counterpart in that a motion for a directed verdict is no longer a prerequisite to file a motion for a judgment notwithstanding the verdict. New Hampshire Ins. Co. v. Sid Smith & Associates, Inc., 610 So. 2d 340 (Miss. 1992).
A motion for judgment notwithstanding the verdict made pursuant to M.R.C.P.. must be filed within 10 days after entry of the judgment. The trial court has no authority or discretion to extend the 10-day time period. M.R.C.P. . A motion for a judgment notwithstanding the verdict is not appropriate for cases tried by a judge sitting without a jury. See M.R.C.P. .