Section 11.27 Purposes

• Library: Civil Trial Practice 2015 Supp

a. (§11.27) Purposes

The initial purpose of a motion for directed verdict is to seek judgment as a matter of law without a jury submission. Thereafter, in the event of an adverse judgment, the defendant should assign the trial court’s failure to direct the verdict as error in an after-trial motion for new trial, a motion for judgment notwithstanding the verdict, or a motion to set aside the verdict. Frisella v. Reserve Life Ins. Co. of Dallas, Tex., 583 S.W.2d 728, 731 (Mo. App. E.D. 1979).

Because motions for directed verdict have become a matter of course, if serious consideration of the motion is desired, it should be accompanied or preceded by a trial brief. This will allow the trial court to be considering the merits...