TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: January 9, 2009
RE: Rule 50, N.D.R.Civ.P., Judgment as a Matter of Law in Jury Trials
Staff has prepared amendments to Rule 50 based on the federal form and style amendments. The amendments are intended make the rule more easily understood and to make style and terminology consistent throughout the rules. The amendments also aim to modernize the rule, removing references to obsolete authority and practices.
The Committee did a considerable amount of work on this rule in 2006-2007, so subdivisions (a) and (b) already are consistent with the federal revisions. The proposed new revisions to the rule begin at subdivision (c).
Under the proposal, paragraph (c)(2) is converted into a new subdivision (d), emphasizing the deadline for making a new trial motion.
The proposed amendments to Rule 50 are attached along with a copy of the amendments
to the federal rule.