Civil Procedure Multistate Bar Practice Exam

What does the court require to proceed with a Renewed Motion for Judgment as a Matter of Law?

1. It must have been moved before submission to the jury

2. The opposing party must have agreed to it

3. It must be based on newly discovered evidence

4. It can be made at any point after the trial

The correct answer is: It must have been moved before submission to the jury

The requirement that a Renewed Motion for Judgment as a Matter of Law must have been moved before submission to the jury is grounded in the procedural rules governing such motions. Specifically, for a party to pursue a renewed motion following jury deliberation, they must first have made a motion for judgment as a matter of law during the trial, before the case is submitted to the jury. This initial motion allows the judge to consider whether the evidence presented at trial was sufficient to support a jury verdict. The rationale for this requirement is to ensure that the opposing party has the opportunity to address any legal deficiencies in the case before the jury decision is rendered. If a party fails to make the initial motion, they forfeit their ability to challenge the sufficiency of the evidence after the jury has made its determination. Thus, the prerequisite of having moved for judgment as a matter of law prior to jury deliberation establishes a fundamental procedural step that is essential for maintaining proper judicial order and fairness in the trial process.