Rule 50. Motion for a directed verdict and for judgment notwithstanding the verdict. - North Carolina Statutes

Rule 50. Motion for a directedverdict and for judgment notwithstanding the verdict.

(a)        When made; effect.– A party who moves for a directed  verdict at the close of the evidenceoffered by an opponent may offer  evidence in the event that the motion is notgranted, without having reserved the right so to do and to the same extent asif the motion had not been made. A motion for a directed verdict which is notgranted is not a waiver of trial by jury even though all parties to the actionhave moved for directed verdicts. A motion for a directed verdict shall statethe specific grounds therefor. The order granting  a motion for a directedverdict shall be effective without any assent  of the jury.

(b)        Motion for judgmentnotwithstanding the verdict. –

(1)        Whenever a motionfor a directed verdict made at the close of all the evidence is denied or forany reason is not granted,  the submission of the action to the jury shall bedeemed to be subject to a later determination of the legal questions raised bythe motion. Not later than 10 days after entry of judgment, a party who hasmoved for a directed verdict may move to have the verdict and any judgmententered thereon set aside and to have judgment entered in accordance with hismotion for a directed verdict; or if a verdict was not returned such party,within 10 days after the jury has been discharged, may move for judgment inaccordance with his motion for a directed verdict. In either case the motionshall be granted if it appears that the motion for directed verdict couldproperly have been granted. A motion for a new trial may be joined with thismotion, or a new trial may be prayed for in the alternative. If a verdict wasreturned the  judge may allow the judgment to stand or may set aside thejudgment and either order a new trial or direct the entry of  judgment as ifthe requested verdict had been directed. If no verdict was returned the judgemay direct the entry of judgment as if the requested verdict had been directedor may order a new trial. Not later than ten (10) days after entry of judgmentor the discharge of the jury if a verdict was not returned, the judge on hisown motion may, with or without further notice and hearing, grant, deny, orredeny a motion for directed verdict made at the close of all the evidence thatwas denied or for any reason was not granted.

(2)        An appellate court,on finding that a trial judge should have granted a motion for directed verdictmade at the close of all the evidence, may not direct entry of judgment inaccordance with the motion unless the party who made the motion for a directedverdict also moved for judgment in accordance with Rule 50(b)(1) or the trialjudge on his own motion granted, denied or redenied the motion for a directedverdict in accordance with Rule 50(b)(1).

(c)        Motion for judgmentnotwithstanding the verdict – Conditional rulings on grant of motion. –

(1)        If the motion forjudgment notwithstanding the verdict, provided for in section (b) of this rule,is granted, the court shall also rule on the motion for new trial, if any, bydetermining whether it should be granted if the judgment is thereafter vacatedor reversed, and shall specify the grounds for granting or denying the motionfor the new trial. If the motion for new trial is thus conditionally granted,the order thereon does not affect the finality of the judgment. In case themotion for new trial has been conditionally granted and the judgment isreversed on appeal, the new trial shall proceed unless the appellate divisionhas otherwise ordered. In case the motion for new trial has been conditionallydenied, the appellee on appeal may assert error in that denial; and if thejudgment is reversed on appeal, subsequent proceedings shall be in accordancewith the order of the appellate division.

(2)        The party whoseverdict has been set aside on motion for judgment notwithstanding the verdictmay serve a motion for a new trial pursuant to Rule 59 not later than 10 daysafter entry of the judgment notwithstanding the verdict.

(d)        Motion for judgmentnotwithstanding the verdict – Denial of  motion. – If the motion for judgmentnotwithstanding the verdict is denied, the party who prevailed on that motionmay, as appellee, assert grounds entitling him to a new trial in the event theappellate division concludes that the trial court erred in denying the motionfor judgment notwithstanding the verdict. If the appellate division reversesthe judgment, nothing in this rule precludes it from determining that theappellee is entitled to a new trial, or from directing the trial court todetermine whether a new trial shall be granted. (1967, c. 954, s. 1; 1969, c.895, s. 11.)