Directed Verdict: What the Term Means Today
A directed verdict is when the judge takes the case away from the jury because no reasonable jury could decide it the other way. In federal court the term was retired in 1991 and replaced by “judgment as a matter of law” — but the concept, and the phrase, are still very much in use.
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Reviewed by Leonard Goldberg, Editor · Last updated
What It Is
A directed verdict ends a case, or part of one, without letting the jury decide it. The judge is not overruling the jury's opinion — the ruling is that on the evidence actually presented, there is nothing for a reasonable jury to decide. In federal court this is now a motion for judgment as a matter of law under Federal Rule of Civil Procedure 50(a), made after the opposing party has been fully heard on an issue and before the case goes to the jury. Many state courts still use the older phrase, so “directed verdict” and “JMOL” commonly refer to the same thing depending on which courthouse you are in.
Case Details
The 1991 amendment to Rule 50 was deliberate about the language. “Directed verdict” suggested the judge instructing the jury what to find; “judgment as a matter of law” describes what is actually happening — the court entering judgment because the evidence is legally insufficient to support any other outcome. The same amendment renamed the post-verdict motion: what used to be judgment notwithstanding the verdict (JNOV) is now a renewed motion for judgment as a matter of law under Rule 50(b).
The Standard the Judge Applies
Rule 50(a) and Rule 50(b) — and the Trap Between Them
Rule 50(a) is the motion during trial, before the case goes to the jury. Rule 50(b) is the renewed motion after the verdict, historically called JNOV. They apply the same legal standard; only the timing differs.
The trap is procedural and it is unforgiving: a party cannot bring a Rule 50(b) motion unless it made a Rule 50(a) motion first. The post-verdict motion is a renewal, and there is nothing to renew if nothing was moved at trial. A lawyer who says nothing before the verdict, then loses and asks the judge to set it aside as a matter of law, has generally forfeited the argument — and with it the strongest appellate ground. This is one of the most consequential preservation rules in civil procedure, and it costs cases every year.
Why It Matters If You Are a Party, Not a Lawyer
Where It Sits in a Trial
- 1
Plaintiff presents the case
Evidence on each element of each claim. Every element needs evidence a jury could rely on — an element without support is exactly what a Rule 50 motion targets.
- 2
Motion at the close of the plaintiff's case
The defence typically moves under Rule 50(a), arguing the plaintiff failed to produce sufficient evidence on at least one essential element. Courts frequently defer ruling rather than granting it here.
- 3
Defence presents its case
If the motion is denied or deferred, the trial continues and the defence puts on its evidence.
- 4
Motion at the close of all evidence
Either side may move. This is the critical moment for preservation: without a motion here, the right to renew after the verdict is generally lost.
- 5
The jury deliberates and returns a verdict
If no motion was granted, the case goes to the jury in the ordinary way and it decides.
- 6
Renewed motion under Rule 50(b)
Filed within the deadline after judgment, often together with an alternative motion for a new trial. Same standard as 50(a) — and available only if a 50(a) motion was made.
Common Misunderstandings
Three things people get wrong about directed verdicts, including some who have sat through one:
“The judge decided the case was weak”
Not quite. Weak evidence goes to the jury; the judge is not permitted to weigh it. A directed verdict means there was no evidence from which a reasonable jury could find for that party on an essential element — a different and much higher bar.
“Directed verdict and JNOV are different standards”
They are the same standard applied at different times. Rule 50(a) before the jury decides, Rule 50(b) after. The 1991 amendment made the identity explicit by giving both the same name.
“We can raise it after the verdict”
Generally not, unless it was raised before. Rule 50(b) is a renewal of the 50(a) motion, and skipping the first step forfeits the second — along with the appellate argument that depends on it.
Questions People Actually Ask
What is a directed verdict?
A ruling that ends a case or an issue without letting the jury decide, because the evidence could not support a verdict for the party opposing the motion. In federal court it is called judgment as a matter of law under Rule 50(a); many state courts still use the older term.
What is the difference between a directed verdict and JNOV?
Timing only. A directed verdict comes before the jury deliberates; JNOV comes after the verdict. Federal Rule 50 now calls them judgment as a matter of law (50(a)) and renewed judgment as a matter of law (50(b)), and applies the same standard to both.
How often are these motions granted?
Rarely. The standard requires the judge to view the evidence most favourably to the party opposing the motion and to refrain from weighing credibility, so anything genuinely disputed goes to the jury. They succeed mainly where a party produced no evidence at all on an essential element.
Can a directed verdict be appealed?
Yes. Because it is a ruling of law rather than a factual finding, an appellate court reviews it de novo — without deference to the trial judge — which makes it a comparatively favourable issue on appeal for the losing party.
Is it the same as a summary judgment?
No, though the standards are related. Summary judgment happens before trial, on the written record, under Rule 56. A directed verdict happens during trial, after evidence has actually been presented to a jury. Both ask whether a reasonable jury could find for the non-moving party.
Why did the name change?
The 1991 amendment to Rule 50 replaced “directed verdict” because the phrase implied the judge was telling the jury what to find. “Judgment as a matter of law” describes the actual mechanism: the court enters judgment because the evidence is legally insufficient to support any other result.
What happens to my case if one is granted?
It ends as to whatever the motion covered — a claim, an issue, or the whole case — and judgment is entered accordingly. The losing party can appeal, and because the ruling is reviewed de novo, that appeal is not a formality. But the trial itself is over.
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