Rule 50.03. Conditional Rulings on Grant of Motion

If the motion for judgment entered in accordance with a motion for a directed verdict, provided for in 50.02, 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 a new trial. If the motion for a new trial is thus conditionally granted, the order thereon does not affect the finality of the judgment. If the motion for a new trial is thus 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 appellee 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.

The party whose verdict has been set aside on motion to have judgment entered in accordance with a motion for a directed verdict, as provided for in 50.02, may serve a motion for a new trial not later than thirty (30) days after entry of the judgment granting the motion.

Click here for Advisory Commission Comments to Rules 50.01-50.05.

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