Rule 50.04. Denial of Motion

If the motion for judgment entered in accordance with a motion for a directed verdict, as provided for in 50.02, is denied, the party who prevailed on that motion may, as appellee, by assignments of error assert grounds entitling him to a new trial. If the appellate court reverses the judgment, nothing in this rule precludes it from determining that the appellee is entitled to a new trial or from directing the trial court to determine whether a new trial shall be granted.

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

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