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Rule 50b | 278 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Rule 50b
Authored by: Anonymous on Wednesday, June 20 2012 @ 05:41 PM EDT
If I understand correctly (and IANAL), Rule 50b is a rule that says that the
losing party automatically can file a motion (called a Rule 50b motion, natch)
to point out to the judge all the things they think he missed, and to ask him to
therefore change his mind.

Oracle is almost certainly right that there is going to be a Rule 50b motion,
since they're the ones who would file it. The judge is rolling his eyes because
he knows how little Oracle has, and he's appalled at having to waste yet more
time on this turkey of a case.

MSS2

[ Reply to This | Parent | # ]

Rule 50b
Authored by: Anonymous on Wednesday, June 20 2012 @ 05:43 PM EDT
Short answer - yes. This is how rule 50b differs from rule 50. It's post-verdict and/or post-final-judgement:
(b) Renewing the Motion After Trial; Alternative Motion for a New Trial. If the court does not grant a motion for judgment as a matter of law made under Rule 50(a), 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. No later than 28 days after the entry of judgment—or if the motion addresses a jury issue not decided by a verdict, no later than 28 days after the jury was discharged—the movant may file a renewed motion for judgment as a matter of law and may include an alternative or joint request for a new trial under Rule 59. In ruling on the renewed motion, the court may: (1) allow judgment on the verdict, if the jury returned a verdict; (2) order a new trial; or (3) direct the entry of judgment as a matter of law.
Source: http://www.law.cornell.edu/rules/frcp/rule_50

[ Reply to This | Parent | # ]

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