[ Contents | Search | Post | Reply | Next | Previous | Up ]
From: Alessandro Maggi
Date: 05 Dec 2001
Time: 12:28:50
R. 50 (b) states that a party filing a renewed JMOL may "alternatively request a new trial or join a motion for a new trial under R. 59." The rule then continues, "in ruling on a renewed motion, the court may....(b)order a new trial...." Does this mean that the party need not have requested the new trial alternatively or by a R. 59 motion? That is, can the judge simply order a new trial on a renewed JMOL? Would the judge be doing this under R. 59 (d)?