§ 15-6-50(b). Renewing motion for judgment after trial--Alternative motion for new trial

Codes > South Dakota Codified Laws > Title 15 > Chapter 15-6 : VI. Trials > 15-6-50(b). Renewing

15-6-50(b). Renewing motion for judgment after trial--Alternative motion for new trial

If, for any reason, the court does not grant a motion for judgment as a matter of law made at the close of all the evidence, 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. The movant may renew its request for judgment as a matter of law by filing a motion no later than ten days after notice of entry of judgment--and may alternatively request a new trial or join a motion for a new trial under § 15-6-59. In ruling on a renewed motion, the court may:

(1) If a verdict was returned:

(A) Allow the judgment to stand;

(B) Order a new trial; or

(C) Direct entry of judgment as a matter of law; or

(2) If no verdict was returned:

(A) Order a new trial; or

(B) Direct entry of judgment as a matter of law