Judgment as a matter of law (JMOL) is a motion made by a party, during trial, claiming the opposing party has insufficient evidence to reasonably support its case. JMOL is also known as a directed verdict, which it has replaced in American Federal courts.
JMOL is similar to judgment on the pleadings and summary judgment, all of which test the factual sufficiency of a claim. Judgment on the pleadings is a motion made after pleading and before discovery; summary judgment happens after discovery and before trial; JMOL occurs during trial.
In United States federal courts, JMOL is a creation of Federal Rules of Civil Procedure Rule 50. JMOL is decided by the standard of whether a reasonable jury could find in favor of the party opposing the JMOL motion. If there is no evidence to support a reasonable conclusion for the opposing party, judgment is entered by the court and the case is over. If there is sufficient evidence to make a reasonable conclusion in favor of the opposing party, but there is equally strong evidence to support an opposite conclusion, the party with the burden of persuasion fails.
Timing is very important in making a motion for JMOL; the motion can only be made once the opposing party has presented its case. In civil cases, the plaintiff presents her case, then the defendant presents his/her case, then the plaintiff may present a rebuttal. So, once the plaintiff has presented his/her case, the defendant may move for JMOL, but the plaintiff may not. Once the defendant has finished presenting his/her case, the plaintiff may move for JMOL, and so may the defendant.
JMOL motions may also be made after the verdict is returned, where they are called "renewed" motions for judgment as a matter of law (RJMOL), but the motion is still commonly known by its former name, judgment notwithstanding verdict, or j.n.o.v. (from the English judgment and the Latin non obstante veredicto). However, in order to move for j.n.o.v., the movant must have moved for a JMOL before the verdict as well. This procedural quirk is necessary because it is considered a violation of the 7th amendment for a judge to overturn a jury verdict. Instead, the judge is said in a j.n.o.v. to be reexamining not the verdict, but his previous rejection of JMOL.
Famous quotes containing the words judgment as, judgment, matter and/or law:
“The repudiation of the primacy of understanding means the repudiation of the norms of judgment as well, and hence the abandonment of all ethical standards.”
—Johan Huizinga (1872–1945)
“Once you’ve been launched into parenthood, you’ll need all your best skills, self-control, good judgment and patience. But at the same time there is nothing like the thrill and exhilaration that come from watching that bright, cheerful, inquisitive, creative, eccentric and even goofy child you have raised flourish and shine. That’s what keeps you going, and what, in the end, makes it all worthwhile.”
—Lawrence Balter (20th century)
“But no matter how they make you feel, you should always watch elders carefully. They were you and you will be them. You carry the seeds of your old age in you at this very moment, and they hear the echoes of their childhood each time they see you.”
—Kent Nerburn (20th century)
“I was not born to be forced. I will breathe after my own fashion. Let us see who is the strongest. What force has a multitude? They can only force me who obey a higher law than I.... I do not hear of men being forced to live this way or that by masses of men. What sort of life were that to live?”
—Henry David Thoreau (1817–1862)