Chapter 18 - § 18.1 TIME TO MAKE THE MOTION

• Jurisdiction: Colorado

§ 18.1 TIME TO MAKE THE MOTION

Colorado refers to the motion as a motion for directed verdict, while federal court calls the same motion a motion for judgment as a matter of law.

Colorado

➢ General Rule; At Close of Evidence Offered by Opponent. A party may move for a directed verdict at the close of the evidence offered by an opponent. The movant may offer evidence in the event that the motion is not granted, without having reserved the right to do so. C.R.C.P. 50.

➢ General Rule; At the Close of All Evidence. A party may move for a directed verdict at the close of all the evidence. C.R.C.P. 50.

➢ Motion Must State Specific Grounds. "A motion for a directed verdict shall state the specific grounds therefor." C.R.C.P. 50.
➢ Offer of Proof Required When Seeking to Reopen Evidence. A party seeking to reopen evidence after the party has rested and after a motion for directed verdict has been made must make an offer of proof as to what specific evidence the party would present and demonstrate that the evidence would cure any deficiencies in the party's case. Failure to offer such proof and make such demonstration waives the right of the party to present future evidence. Justi v. RHO Condo. Ass'n, 277 P.3d 847 (Colo. App. 2011).

➢ Not a Waiver of Trial by Jury. "A motion for a directed verdict which is not granted is not a waiver of trial by jury even though all parties to the action have moved for directed verdicts." C.R.C.P. 50.

➢ Directed Verdict is Effective upon Order of Court. "The order of the court granting a motion for a directed verdict is effective without any assent of the jury." C.R.C.P. 50.

➢ Motion is Not a Prerequisite to Post-Trial Relief. "A motion for directed verdict shall not be a prerequisite to any form of post-trial relief, including judgment notwithstanding verdict." C.R.C.P. 59(e).

Federal

➢ "Judgment as a Matter of Law." Federal Rules have formally replaced the term "Motion for Directed Verdict" with the term "Judgment as a Matter of Law." F.R.C.P. 50. However, though not formally correct, the terms "directed verdict," "judgment as a matter of law," and "judgment notwithstanding the verdict" (JNOV), are often used in case law when referring to a judgment as a matter of law. For instance, the term JNOV is frequently used to describe a motion for judgment as a matter of law that has been renewed after the jury has rendered its verdict.

➢ Motion May be Made Any Time Before Case is Submitted to Jury. For instance, it is not

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