At the close of the plaintiff's evidence, which party may move for Judgment as a Matter of Law?

• A. Plaintiff only
• B. Defendant only
• C. Either party
• D. The judge sua sponte

Answer: (D)

Judgment as a Matter of Law can be invoked when the evidentiary support for a party’s position is legally insufficient for a reasonable jury to return a verdict on that issue. After the plaintiff has presented all of their evidence, the defendant has been fully heard on the plaintiff’s claims and may move for JMOL to argue that there is not a legally sufficient basis to support a verdict for the plaintiff on those essential elements. If the court agrees, it can direct a verdict for the defendant on that issue.

Note that a judge can also grant JMOL on its own initiative (sua sponte) if there is no legally sufficient evidentiary basis, but that is not a party’s motion. After all the evidence is in, either party may move for JMOL.