Rule 50(B) Motion Example
Rule 50(b) reads: "Whenever a motion for a judgment as a matter of law made at the close of all the evidence is denied or for any reason is not granted, the court is deemed to have submitted the action to the jury subject to a later determination of the legal questions raised by the motion."
Implicit in this rule is the requirement that the party moving under Rule 50(b) for a judgment as a matter of law has already made a Rule 50(a) motion for a judgment as a matter of law at the conclusion of all the evidence. 1 Champ Lyons, Jr., Alabama Rules of Civil Procedure Annotated, 50.2, p. 840 (3d ed. 1996); German Auto, Inc. v. Tamburello, 565 So. 2d 238, 240 (Ala. 1990); Denton v. Foley Athletic Club, 578 So. 2d 1314 (Ala. Civ. App. 1990).