Does Rule 50(b) require a motion to be renewed after the close of all the evidence?

MultiRegion, United States of America

The following excerpt is from Farley Transp. Co., Inc. v. Santa Fe Trail Transp. Co., 786 F.2d 1342 (9th Cir. 1986):

In McKinnon v. City of Berwyn, 750 F.2d 1383 (7th Cir.1984), the defendant had moved for a directed verdict after the presentation of the plaintiff's case, but had not renewed the motion after the close of all the evidence. The court stated that "Rule 50(b) is not clearly drafted" and that "the requirement of renewing the motion for a directed verdict at the close of all the evidence is not intuitive." Id. at 1390. Accordingly, the court held that the requirement that the motion be made at the close of all the evidence, rather than earlier, as a prerequisite to challenging the evidence after the trial would not be enforced where no prejudice had resulted to the other party from failure to renew. Id. at 1389.

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