Nev. R. Civ. P. 50

As amended through April 26, 2024

Rule 50 - Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling

(a)Judgment as a Matter of Law.

(1)In General. If a party has been fully heard on an issue during a jury trial and the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue, the court may:

(A) resolve the issue against the party; and

(B) grant a motion for judgment as a matter of law against the party on a claim or defense that, under the controlling law, can be maintained or defeated only with a favorable finding on that issue.

(2)Motion. A motion for judgment as a matter of law may be made at any time before the case is submitted to the jury. The motion must specify the judgment sought and the law and facts that entitle the movant to the judgment.

(b)Renewing the Motion After Trial; Alternative Motion for a New Trial. If the court does not grant a motion for judgment as a matter of law made under Rule 50(a), the court is considered to have submitted the action to the jury subject to the court's later deciding the legal questions raised by the motion. No later than 28 days after service of written notice of entry of judgment-or if the motion addresses a jury issue not decided by a verdict, no later than 28 days after the jury was discharged-the movant may file a renewed motion for judgment as a matter of law and may include an alternative or joint request for a new trial under Rule 59. The time for filing the motion cannot be extended under Rule 6(b). In ruling on the renewed motion, the court may:

(1) allow judgment on the verdict, if the jury returned a verdict;

(2) order a new trial; or

(3) direct the entry of judgment as a matter of law.

(c)Granting the Renewed Motion; Conditional Ruling on a Motion for a New Trial.

(1)In General. If the court grants a renewed motion for judgment as a matter of law, it must also conditionally rule on any motion for a new trial by determining whether a new trial should be granted if the judgment is later vacated or reversed. The court must state the grounds for conditionally granting or denying the motion for a new trial.

(2)Effect of a Conditional Ruling. Conditionally granting the motion for a new trial does not affect the judgment's finality; if the judgment is reversed, the new trial must proceed unless the appellate court orders otherwise. If the motion for a new trial is conditionally denied, the appellee may assert error in that denial; if the judgment is reversed, the case must proceed as the appellate court orders.

(d)Time for a Losing Party's New-Trial Motion. Any motion for a new trial under Rule 59 by a party against whom judgment as a matter of law is rendered must be filed no later than 28 days after service of written notice of entry of judgment. The time for filing the motion cannot be extended under Rule 6(b).

(e)Denying the Motion for Judgment as a Matter of Law; Reversal on Appeal. If the court denies the motion for judgment as a matter of law, the prevailing party may, as appellee, assert grounds entitling it to a new trial should the appellate court conclude that the trial court erred in denying the motion. If the appellate court reverses the judgment, it may order a new trial, direct the trial court to determine whether a new trial should be granted, or direct the entry of judgment.

Nev. R. Civ. P. 50

Last amended effective 1/1/2005; amended effective 3/1/2019.

Advisory Committee Note 2019 Amendment

Consistent with FRCP 50, Rule 50 extends the time periods in former Rule 50(b) and (d) to 28 days. Rule 50(a)(2) permits a motion for judgment as a matter of law at any time before the case is submitted to the jury, instead of at the close of the opposing party's evidence or at the close of the case.

Drafter's Note

2004 Amendment

The rule is revised in its entirety. The revised rule adopts the "judgment as a matter of law" terminology from the 1991 amendments to the federal rule.

Subdivision (a)(1) sets forth the standard for granting a motion for judgment as a matter of law. It is not the same as the federal standard; rather, the revised subdivision (a)(1) of the Nevada rule incorporates language from former Rule 41(b), thus incorporating the standard used to decide a motion to dismiss under former Rule 41(b). The new subdivision (a) replaces part of Rule 41(b), which had authorized a dismissal at the close of a plaintiff's case if the plaintiff had "failed to prove a sufficient case for the . . . jury." The revised subdivision (a)(2) also differs from the federal rule in the timing of a motion for judgment as a matter of law and authorizes a motion at the close of the evidence offered by the nonmoving party or at the close of the case, rather than at any time as permitted under the federal rule.

Subdivision (b) is amended to conform to the 1991 amendment to the federal rule. The Nevada rule was amended in 1971 to delete the requirement under the then-existing federal rule that a motion for judgment notwithstanding the verdict did not lie unless it was preceded by a motion for a directed verdict. The revised rule takes the same approach as the federal rule, as amended in 1963 and 1991, that a post-verdict motion for judgment as a matter of law is a renewal of an earlier motion made before or at the close of evidence. Thus, a "renewed" motion filed under subdivision (b) must have been preceded by a motion filed at the time permitted by subdivision (a)(2). The Nevada rule retains the "notice of entry of judgment" language from former subdivision (b) as the starting point for the 10-day time limit for filing a post-verdict motion under the rule.

Subdivisions (c) and (d) are amended to conform the language of the former provisions to the change in diction set forth in subdivision (a) of the revised rule. Subdivision (c)(2) requires that a motion for a new trial under Rule 59 by a party against whom judgment as a matter of law is rendered shall be filed no later than 10 days after service of written notice of entry of the judgment. Under former subdivision (c)(2), the motion had to be served no later than 10 days after service of written notice of entry of the judgment notwithstanding the verdict.