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.
➢ 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 uncommon to see the motion made at the conclusion of the opponent's case, after all the evidence has been presented and after the verdict. F.R.C.P. 50(a)(2); see also Meyerhoff v. Michelin Tire Corp., 852 F. Supp. 933, 942 (D. Kan. 1994), aff'd, 68 F.3d 483 (10th Cir.), aff'd, 70 F.3d 1175 (10th Cir. 1995).

➢ Motion Must be Specific. The motion must specify the judgment sought and the law and facts that support why the movant is entitled to judgment. F.R.C.P. 50(a)(2).

➢ Order of Trial May be Scheduled to

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