MN RCP Rule 50. Judgment as a Matter of Law in Jury Trials; Alternative Motion for New Trial; Conditional Rulings

VENUE
1. WHERE ARE "YOU"? ARE "YOU" IN COURT? ARE "YOU" SURE?
  1. JURISDICTION
    1. THIS IS ABOUT JURISDICTION
  2. APPEARANCE appearance,n. Procedure. A coming into court as a party or interested person, or as a lawyer on behalf of a party or interested person; esp., a defendant's act of taking part in a lawsuit, whether by formally participating in it or by an answer, demurrer, or motion, or by taking post judgment steps in the lawsuit in either the trial court or an ap-pellate court. [Cases: Appearance 1–29; Federal Civil Procedure 561–574. C.J.S. Appearances §§ 2–59.] — appear,vb. Black's Law Dictionary (8th ed. 2004) , Page 304-05
  3. PROCEEDING
    1. PROCEEDING proceeding. 1. The regular and orderly progression of a lawsuit, including all acts and events between the time of commencement and the entry of judgment. 2. Any procedural means for seeking redress from a tribunal or agency. 3. An act or step that is part of a larger action. 4. The business conducted by a court or other official body; a hearing. 5.Bankruptcy. A particular dispute or matter arising within a pending case — as opposed to the case as a whole. [Cases: Bankruptcy 2156. C.J.S. Bankruptcy § 26.] “ ‘Proceeding’ is a word much used to express the business done in courts. A proceeding in court is an act done by the authority or direction of the court, express or implied. It is more comprehensive than the word ‘action,’ but it may include in its general sense all the steps taken or measures adopted in the prosecution or defense of an action, including the pleadings and judgment. As applied to actions, the term ‘proceeding’ may include — (1) the institution of the action; (2) the appearance of the defendant; (3) all ancillary or provisional steps, such as arrest, attachment of property, garnishment, injunction, writ of ne exeat; (4) the pleadings; (5) the taking of testimony before trial; (6) all motions made in the action; (7) the trial; (8) the judgment; (9) the execution; (10) proceedings supplementary to execution, in code practice; (11) the taking of the appeal or writ of error; (12) the remittitur, or sending back of the record to the lower court from the appellate or reviewing court; (13) the enforcement of the judgment, or a new trial, as may be directed by the court of last resort.” Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure 3–4 (2d ed. 1899). Black's Law Dictionary (8th ed. 2004) , Page 3808
    2. IN THE MANNER PROVIDED BY LAW MEANS IN ACCORDANCE WITH THE RULES OF CIVIL PROCEDURE
    3. RULE CIVIL PROCEDURE 81.03 Rules Incorporated into Statutes Where any statute heretofore or hereafter enacted, whether or not listed in Appendix A, provides that any act in a civil proceeding shall be done in the manner provided by law, such act shall be done in accordance with these rules.
    4. 645.19 CONSTRUCTION OF PROVISOS AND EXCEPTIONS. Provisos shall be construed to limit rather than to extend the operation of the clauses to which they refer. Exceptions expressed in a law shall be construed to exclude all others.
    5. 645.20 CONSTRUCTION OF SEVERABLE PROVISIONS. Unless there is a provision in the law that the provisions shall not be severable, the provisions of all laws shall be severable. If any provision of a law is found to be unconstitutional and void, the remaining provisions of the law shall remain valid, unless the court finds the valid provisions of the law are so essentially and inseparably connected with, and so dependent upon, the void provisions that the court cannot presume the legislature would have enacted the remaining valid provisions without the void one; or unless the court finds the remaining valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent.
    6. 645.22 UNIFORM LAWS. Laws uniform with those of other states shall be interpreted and construed to effect their general purpose to make uniform the laws of those states which enact them.
COMPARE & CONTRAST FEDERAL & STATE RULES; ALWAYS READ THE RULE NOTES! Rule 50. Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling
50.01 Judgment as a Matter of Law During Trial
1. 50.01(a) Standard. If during a trial by jury a party has been fully heard on an issue and there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue, the court may decide the issue against that party and may grant a motion for judgment as a matter of law against that party with respect to a claim or defense that cannot under the controlling law be maintained or defeated without a favorable finding on that issue.
  1. THAT WOULD BE YOU, T.K.
  2. CLAIM
  3. DEFENSE
  4. IS THIS A TRIAL?
    1. CHEESE-LIKE PRODUCT
    2. SEMI-PRECIOUS
    3. QUASI-JUDICIAL
    4. PUBLIC v. PRIVATE
    5. WHOIS? YOUR ADVERSARY
  5. WHOIS? YOUR ADVERSARY
  6. CAPACITY OF JUDICIAL "OFFICER"
    1. CAPACITY
    2. ADMINISTRATIVE CAPACITY
    3. JUDICIAL CAPACITY
  7. FULLY HEARD SHUT UP
    1. ISSUE OF FACT
    2. ISSUE OF LAW
    3. POINT OF ISSUE
  8. LEGALLY SUFFICIENT EVIDENTIARY BASIS
    1. COMPETENT FACT EVIDENCE
    2. SWORN WITNESS TESTIMONY
  9. AUTHORIZED v. UNAUTHORIZED ADMINISTRATION
    1. PUBLIC v. PRIVATE CAPACITY "YOU" v. I AM
    2. County of Vampire the people private LAW I AM
    3. 42 U.S.C. "YOU" & THE NEW DEAL
    4. RIGHT v. BENEFIT
    5. 42 U.S.C. FEDERAL GRANT FUNDS
    6. "YOU" IS A CONSUMER OF PRODUCTS, PROGRAMS, & SERVICES "YOU" IS ENJOYING THE BENEFITS
    7. VAMPIRE COUNTY OF COMMERCIAL CORPORATE PUBLIC POLICY "YOU"
    8. AGENCY
    9. AGENCY ISSUES, FACTS, MYTHS & LEGENDS
    10. FEDERAL - STATE - COUNTY AGENCY
    11. SCOPE & PURPOSE OF AGENCY; WHO IS? WHAT IS?
    12. LIABILITY OF PRINCIPAL FOR AGENT'S CONTRACTS
2. 50.01(b) Timing and Content. Motions for judgment as a matter of law during trial may be made at any time before submission of the case to the jury. Such a motion shall specify the judgment sought and the law and the facts on which the moving party is entitled to the judgment. (Amended effective January 1, 2006; amended January 9, 2006.)
  1. RULE 56 MOTION FOR SUMMARY JUDGMENT
  2. Rule 56 SUMMARY JUDGMENT.pdf
  3. MN RCP 56 Summary Judgment.pdf
  4. Rule 41. Dismissal of Actions http://www.xmind.net/m/pb8w/
  5. SHALL SPECIFY THE JUDGMENT SOUGHT; WHAT DO YOU WANT
  6. FACTS + LAW
  7. ENTITLED TO JUDGMENT WHY YOU SHOULD HAVE IT WHY YOU MUST HAVE IT
    1. Administrative Cases In petitions for review from administrative orders, the standard of review is essentially the same as that for an order from a civil proceeding.
    2. IN-HOUSE RULINGS; OF, FOR, BY, & THROUGH THE HOUSE
50.02 Making or Renewing Motion for Judgment After Trial; Alternative Motion for New Trial
1. 1. 50.02 If, for any reason, the court does not grant a motion for judgment as a matter of law made during trial, the court is considered to have submitted the action to the jury subject to the court's later deciding the legal questions raised by the motion. Whether or not the party has moved for judgment as a matter of law before submission of the case to the jury, a party may make or renew a request for judgment as a matter of law by serving a motion within the time specified in Rule 59 for the service of a motion for a new trial - and may alternatively request a new trial or join a motion for a new trial under Rule 59. In ruling on such a motion, the court may: (Amended effective January 1, 2006; amended effective January 2, 2006.)
    1. In ruling on such a motion, the court may: 50.02(a) if a verdict was returned: (1) allow the judgment to stand, (2) order a new trial, or (3) direct entry of judgment as a matter of law; or
    2. JUDGMENT
    3. JUDGMENT judgment. 1. A court's final determination of the rights and obligations of the parties in a case. • The term judgment includes an equitable decree and any order from which an appeal lies. Fed. R. Civ. P. 54. — Abbr. J. — Also spelled (esp. in BrE) judgement. — Also termed (historically) judgment ex cathedra. Cf. RULING(1); OPINION(1). [Cases: Federal Civil Procedure 2391–2628; Judgment 1. C.J.S. Judgments §§ 2–3, 6, 8, 13.] 2.English law. An opinion delivered by a member of the appellate committee of the House of Lords; a Law Lord's judicial opinion. — Also termed (in sense 2) speech. “An action is instituted for the enforcement of a right or the redress of an injury. Hence a judgment, as the culmination of the action declares the existence of the right, recognizes the commission of the injury, or negatives the allegation of one or the other. But as no right can exist without a correlative duty, nor any invasion of it without a corresponding obligation to make amends, the judgment necessarily affirms, or else denies, that such a duty or such a liability rests upon the person against whom the aid of the law is invoked.” 1 Henry Campbell Black, A Treatise on the Law of Judgments§ 1, at 2 (2d ed. 1902). Black's Law Dictionary (8th ed. 2004) , Page 2464
    4. DECLARATORY JUDGMENTS declaratory judgment. A binding adjudication that establishes the rights and other legal relations of the parties without providing for or ordering enforcement. • Declaratory judgments are often sought, for example, by insurance companies in determining whether a policy covers a given insured or peril. — Also termed declaratory decree; declaration. [Cases: Declaratory Judgment 1. C.J.S. Declaratory Judgments § 1.] Black's Law Dictionary (8th ed. 2004) , Page 2465
    5. VERDICT verdict. 1. A jury's finding or decision on the factual issues of a case. [Cases: Criminal Law 870–894; Federal Civil Procedure 2191; Trial 318. C.J.S. Criminal Law §§ 1395–1414, 1500–1501, 1512, 1532, 1543; Trial§§ 818–819, 821, 846–847.] 2. Loosely, in a nonjury trial, a judge's resolution of the issues of a case. [Cases: Federal Civil Procedure 2251; Trial 387. C.J.S. Trial §§ 1067–1069, 1071–1072.]
    6. ORDER order,n.1. A command, direction, or instruction. See MANDATE(1).2. A written direction or command delivered by a court or judge. • The word generally embraces final decrees as well as interlocutory directions or commands. — Also termed court order; judicial order. See MANDAMUS. [Cases: Federal Civil Procedure 928; Motions 46. C.J.S. Motions and Orders §§ 1–3, 13, 50, 59.] “An order is the mandate or determination of the court upon some subsidiary or collateral matter arising in an action, not disposing of the merits, but adjudicating a preliminary point or directing some step in the proceedings.” 1 Henry Campbell Black, A Treatise on the Law of Judgments§ 1, at 5 (2d ed. 1902). “While an order may under some circumstances amount to a judgment, they must be distinguished, owing to the different consequences flowing from them, not only in the matter of enforcement and appeal but in other respects, as, for instance, the time within which proceedings to annul them must be taken. Rulings on motions are ordinarily orders rather than judgments. The class of judgments and of decrees formerly called interlocutory is included in the definition given in [modern codes] of the word ‘order.’ ” 1 A.C. Freeman, A Treatise of the Law of Judgments § 19, at 28 (Edward W. Tuttle ed., 5th ed. 1925).
    7. administrative order. 1. An order issued by a government agency after an adjudicatory hearing. [Cases: Administrative Law and Procedure 489. C.J.S. Public Administrative Law and Procedure §§ 147–148.] 2. An agency regulation that interprets or applies a statutory provision. [Cases: Administrative Law and Procedure 381. C.J.S. Public Administrative Law and Procedure §§ 87, 91.]
    8. OPINION opinion. 1. A court's written statement explaining its decision in a given case, usu. including the statement of facts, points of law, rationale, and dicta. — Abbr. op. — Also termed judicial opinion. See DECISION. Cf. JUDGMENT(1); RULING(1). [ Cases: Courts 103. C.J.S. Courts §§ 170, 173–174, 176.]
    9. advisory opinion. 1. A nonbinding statement by a court of its interpretation of the law on a matter submitted for that purpose. • Federal courts are constitutionally prohibited from issuing advisory opinions by the case-or-controversy requirement, but other courts, such as the International Court of Justice, render them routinely. See CASE-OR-CONTROVERSY REQUIREMENT. [Cases: Constitutional Law 69. C.J.S. Constitutional Law § 174.] 2. A written statement, issued only by an administrator of an employee benefit plan, that interprets ERISA and applies it to a specific factual situation. • Only the parties named in the request for the opinion can rely on it, and its reliability depends on the accuracy and completeness of all material facts. concurring opinion.See CONCURRENCE(3).
    10. In ruling on such a motion, the court may: 50.02(b) if no verdict was returned: (1) order a new trial, or (2) direct entry of judgment as a matter of law.
    11. LEGAL QUESTIONS RAISED BY THE MOTION
    12. "JUDGE" IS "JURY"
    13. THE JUDGE IS NOT THE COURT THE RECORD IS THE COURT
    14. A PARTY MAY MAKE OR RENEW REQUEST FOR JUDGMENT AS MATTER OF LAW
50.03 Granting Motion for Judgment as a Matter of Law; Conditional Rulings; New Trial Motion
1. 50.03(a) Conditional Rulings. If the motion for judgment as a matter of law is granted, the court shall also rule on the motion for a new trial, if any, by determining whether it should be granted if the judgment is thereafter vacated or reversed, and shall specify the grounds for granting or denying the motion for the new trial. If the motion for a new trial is thus conditionally granted, the order thereon does not affect the finality of the judgment. In case the motion for a new trial has been conditionally granted and the judgment is reversed on appeal, the new trial shall proceed unless the appellate court has otherwise ordered. In case the motion for a new trial has been conditionally denied, the respondent on appeal may assert error in that denial; and if the judgment is reversed on appeal, subsequent proceedings shall be in accordance with the order of the appellate court.
  1. SHIFTING BURDEN OF PROOF
    1. The appellant has the burden to show plain error, which is error that is clear or obvious and that materially prejudices the substantial rights of appellant; once appellant has met his burden of persuasion, the burden shifts to the government to show that the error was not prejudicial.
    2. ERRORS INCLUDING EVIDENCE
    3. Federal procedural rules define plain error as a highly prejudicial error affecting substantial rights.
    4. REVIEW OF ERROR
    5. MINNESOTA RULES CIVIL PROCEDURE 51
    6. 51.04 Assigning Error; Plain Error (a) Assigned Error. A party may assign as error: (1) an error in an instruction actually given if that party made a proper objection under Rule 51.03, or (2) a failure to give an instruction if that party made a proper request under Rule 51.01, and—unless the court made a definitive ruling on the record rejecting the request—also made a proper objection under Rule 51.03. (b) Plain Error. A court may consider a plain error in the instructions affecting substantial rights that has not been preserved as require by Rule 51.04(a)(1) or (2).
    7. Only error affecting substantial rights is actionable.
    8. MINNESOTA RULES OF EVIDENCE Rule 103. Rulings on Evidence
    9. (a) Effect of erroneous ruling. Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and (1) Objection. In case the ruling is one admitting evidence a timely objection or motion to strike appears of record, stating the specific ground of objection, if the specific ground was not apparent from the context; or (2) Offer of proof. In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer or was apparent from the context within which questions were asked. Once the court makes a definitive ruling on the record admitting or excluding evidence, either at or before trial, a party need not renew an objection or offer of proof to preserve a claim of error.
    10. (b) Record of offer and ruling. The court may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon. Upon request of any party, the court shall place its ruling on the record. The court may direct the making of an offer in question and answer form.
    11. (c) Hearing of jury. In jury cases, proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to the jury by any means, such as making statements or offers of proof or asking questions in the hearing of the jury.
    12. (d) Error. Nothing in this rule precludes taking notice of errors in fundamental law or of plain errors affecting substantial rights although they were not brought to the attention of the court.
    13. ERRORS EXCLUDING EVIDENCE
    14. Plain error is an error declared by an appellate court to be patently obvious in a lower court decision or action and causes a reversal. When a defendant raises an issue on appeal that was not raised before the judge, the court of appeals may review for plain error.
    15. To be plain error: (1) there must be an error; (2) the error must be plain (clear or obvious); and (3) the error must materially prejudice the substantial rights of the defendant).
2. 50.03(b) Timing. Any motion for a new trial under Rule 59 by a party against whom judgment as a matter of law is rendered shall be served and heard within the times specified in Rule 59 for the service and hearing of a motion for a new trial. (Added effective January 1, 2006; amended effective January 2, 2006.)
  1. 59.03 Time for Motion
    1. A notice of motion for a new trial shall be served within 30 days after a general verdict or service of notice by a party of the filing of the decision or order; and the motion shall be heard within 60 days after such general verdict or notice of filing, unless the time for hearing be extended by the court within the 60-day period for good cause shown.
  2. MN RCP Rule 59. New Trials
50.04 Denial of Motion for Judgment as a Matter of Law
1. 50.04 If the motion for judgment as a matter of law is denied, the party who prevailed on that motion may, as respondent on appeal, assert grounds entitling the party to a new trial in the event the appellate court concludes that the trial court erred in denying the motion for judgment. If the appellate court reverses the judgment, nothing in this rule precludes it from determining that the respondent is entitled to a new trial, or from directing the trial court to determine whether a new trial shall be granted. (Added effective January 1, 2006.)
ADVISORY COMMENTS
1. Advisory Committee Comment - 2000 Amendment Although the text of this Rule 50.02 is not changed substantively by these amendments, it is worth noting that Rule 59.03, governing the time for filing a motion for a new trial is changed to expand the time from 15 days to 30 days for filing the motion and from 30 days to 60 days for having the motion heard. This amendment has the practical effect of extending the time for filing a motion under Rule 50 because Rule 50.02(c) incorporates the filing and hearing time limits of Rule 59.
  1. Advisory Committee Comment - 2006 Amendment Rule 50 is amended in toto to adopt various changes made in 1991 to Fed. R. Civ. P. 50. The 1991 amendment of the federal rule was made to remove the archaic language and procedures of directing verdicts and granting j.n.o.v. The amended rule states a standard that the former rule already recognized: a uniform standard for motions made after trial begins of a "motion for judgment as a matter of law." The purpose of the change is two-fold: to adopt names that better describe the role of the motions and, because the motions essentially apply the same standard, to give them a common name. This change is not intended to change substantive practice relating to these motions. The federal rule amendment in 1991 was not intended to change the actual practice under that rule. See Fed. R. Civ. P. 50(a), Advisory Comm. Notes - 1991 Amend. The federal courts have recognized the non-substantive nature of the amendment. See 9A CHARLES ALAN WRIGHT & ARTHUR R. MILLER, FEDERAL PRACTICE & PROCEDURE section 2521, at 243 n.15 and accompanying text (2d ed. 1995)(collecting cases).
    1. Minnesota practice differs from federal practice in one important respect - former Fed. R. Civ. P. 50 did not have the express provision of Minn. R. Civ. P. 50.02(a) allowing a motion for judgment n.o.v. to be brought "whether or not the party has moved for a directed verdict," and the current version of Fed. R. Civ. P. 50 lacks equivalent language with regard to motions for judgment as a matter of law. Because the amended Minnesota Rule 50.02 is not intended to change Minnesota practice in this respect, the amended rule retains the concept that a motion for judgment as a matter of law may be brought after submission of the case to the jury, whether or not such a motion was brought before submission to the jury. The timing provisions of the federal rule have been changed slightly to accommodate Minnesota procedure including that relating to the service and filing of post-decision motions. Like the current rule, motions under Rule 50 must be served and filed in accordance with the timing mechanism and deadlines of Minn. R. Civ. P. 59.
    2. 4/2/13 Rule 50. - CIVIL PROCEDURE - Minnesota Court Rules https://www.revisor.mn.gov/court_rules/rule.php?name=cp-50
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