Not later than ten days after entry of a judgment in a civil case, the party against whom such judgment was entered and who has previously moved unsuccessfully for judgment as a matter of law may move to have the verdict and the judgment entered thereon set aside and to have judgment entered in accordance with that party’s previous motion.25 The ten day time period is jurisdictional and cannot be enlarged.26
The granting of a renewed motion for judgment as a matter of law, which has the effect of altering a jury verdict, is exercised with caution.27 The trial judge does not weigh the evidence or pass on the credibility of witnesses in deciding such a motion.28 Rather, the trial court considers the evidence in the light most favorable to the non-moving party. Only then, if the facts and inferences would permit reasonable people to reach just one conclusion – that the moving party is entitled to judgment – will the motion be granted. If, on the other hand, under any reasonable view of the evidence the jury could justifiably find for the non-movant, the motion will be denied.29
A party moving for a new trial may join with such motion a renewed motion for judgment as a matter of law or may request a new trial in the alternative.30 The two motions are analytically distinct, however, and the standard for determining a renewed motion for judgment as a matter of law is not altered by including it with a motion for a new trial.31
If a verdict was returned, a court, in deciding the motion, may allow the judgment to stand or may reopen the judgment and either order a new trial or direct the entry of judgment as a matter of law. If no verdict was returned, such as where the jury could not agree on a verdict, the court, in disposing of the renewed motion, may direct the entry of judgment as a matter of law or may order a new trial.32
If the renewed motion is granted, the court must also rule on the motion for a new trial, if any, by determining whether it should be granted if the judgment is thereafter vacated or reversed. The court must specify the grounds for granting or denying the motion for a new trial.33
If a court grants a renewed motion for judgment as a matter of law, the party against whom judgment has been entered may move for a new trial within ten days after entry of judgment.34
25. Super. Ct. Civ. R. 50(b); Comm. Pls. Ct. Cr. R. 50(b). This renewed motion was previously known as a judgment non obstante veredicto (“judgment notwithstanding the verdict”) or a j.n.o.v.
26. Preform Bldg. Components, Inc. v. Edwards, 280 A.2d 697, 698 (Del. 1971).
27. Koutoufaris v. Dick, 604 A.2d 390, 403 (Del. 1992).
28. Burgos v. Hickok, 695 A.2d 1141, 1144-45 (Del. 1997); Todd v. Tigani, C.A. No. 88C-NO-160, slip op. at 7, Herlihy, J. (Del. Super. Nov. 15, 1990).
29. Burgos v. Hickok, 695 A.2d 1141, 1144-45 (Del. 1997); Koutoufaris v. Dick, 604 A.2d 390, 403 (Del. 1992); Mercedes-Benz of North America, Inc. v. Norman Gershman’s Things to Wear, Inc., 596 A.2d 1358, 1362 (Del. 1991); Gannett Co. v. Re, 496 A.2d 553, 557 (Del. 1985); Freedman v. Chrysler Corp., 564 A.2d 691, 692-94 (Del. Super. 1989).
30. Super. Ct. Civ. R. 50(b); Comm. Pls. Ct. Civ. R. 50(b); Freedman v. Chrysler Corp., 564 A.2d 691, 695 (Del. Super. 1989); Peters v. Gelb, 314 A.2d 901, 904 (Del. 1973).
31. See Peters v. Gelb, 314 A.2d 901, 904 (Del. 1973).
32. Super. Ct. Civ. R. 50(b); Comm. Pls. Ct. Cr. R. 50(b).
33. Super. Ct. Civ. R. 50(c)(1).
34. Super. Ct. Civ. R. 50(c)(2).
© 2010 David L. Finger