Three motions, three standards, and deadlines that run together.
Esshaki Legal Media TeamCurrent as of June 2025
After a verdict, the losing party has a short window and several overlapping
motions.
Renewed motion for judgment as a matter of law. Available only if the motion
was made at the close of the evidence, on the grounds then stated. The standard
is whether a reasonable jury would have a legally sufficient evidentiary basis
for the verdict, viewing the evidence favorably to the winner. Failure to move
at trial forfeits the sufficiency challenge almost entirely.
Motion for a new trial. Broader. Available where the verdict is against the
great weight of the evidence, damages are excessive or inadequate, errors
occurred in the admission of evidence or in the instructions, misconduct
occurred, or newly discovered evidence exists. The court may weigh the evidence,
which it may not on judgment as a matter of law.
Motion to alter or amend the judgment, for manifest error of law or fact and
for intervening changes in law.
Deadlines are short — commonly twenty-eight days — and generally cannot be
extended. A timely motion suspends the appeal period until it is decided.
Combining them is standard: judgment as a matter of law, or alternatively a
new trial, or alternatively remittitur, pleaded in that order.