South Dakota § 15-6-50(b) Renewing motion for judgment after trial--Alternative motion for new trial.

South Dakota Statutes

§ 15-6-50(b) — Renewing motion for judgment after trial--Alternative motion for new trial.

South Dakota·Title 15 CIVIL PROCEDURE·Ch. 15 RULES OF PROCEDURE IN CIRCUIT COURTS

If, for any reason, the court does not grant a motion for judgment as a matter of law made at the close of all the evidence, the court is considered to have submitted the action to the jury subject to the court's later deciding the legal questions raised by the motion. The movant may renew its request for judgment as a matter of law by filing a motion no later than ten days after notice of entry of judgment--and may alternatively request a new trial or join a motion for a new trial under § 15-6-59 . In ruling on a renewed motion, the court may:

(1)If a verdict was returned:

(A)Allow the judgment to stand;

(B)Order a new trial; or (C) Direct entry of judgment as a matter of law; or (2) If no verdict was returned:

(A)Order a new trial; or (B) Direct entry of judgment

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If, for any reason, the court does not grant a motion for judgment as a matter of law made at the close of all the evidence, the court is considered to have submitted the action to the jury subject to the court's later deciding the legal questions raised by the motion. The movant may renew its request for judgment as a matter of law by filing a motion no later than ten days after notice of entry of judgment--and may alternatively request a new trial or join a motion for a new trial under § 15-6-59 . In ruling on a renewed motion, the court may: (1) If a verdict was returned: (A) Allow the judgment to stand; (B) Order a new trial; or (C) Direct entry of judgment as a matter of law; or (2) If no verdict was returned: (A) Order a new trial; or (B) Direct entry of judgment as a matter of law.

South Dakota § 15-6-50(b) (Renewing motion for judgment after trial--Alternative motion for new trial.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

SDC 1939, § 33.1705; Supreme Court Order No. 3, 1952; SDC Supp 1960, § 33.1328; SD RCP, Rule 50 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 79-4; Supreme Court Rule 82-30; SL 2006, ch 319 (Supreme Court Rule 06-45), eff. July 1, 2006; SL 2008, ch 287 (Supreme Court Rule 08-01), eff. July 1, 2008.