§50.4 Comparison with Federal Rule

• Jurisdiction: Washington

§50.4COMPARISON WITH FEDERAL RULE

CR 50 is substantially equivalent to Fed. R. Civ. P. 50 in purpose and effect. Most importantly, under both rules, a motion for judgment as a matter of law must be made before the case is submitted to the jury, or the sufficiency of the evidence to support the verdict cannot be challenged thereafter. Fed. R. Civ. P. 50(a)(1)(B) expressly anticipates a motion for judgment as a matter of law against "a claim or defense," while CR 50(a)(1) provides for such a motion against "any claim, counterclaim, cross claim, or third party claim"—although the state rule would seem to apply to affirmative defenses as well. CR 50 also expressly provides that making a motion for judgment as a matter of...