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KENTUCKY
RULES OF CIVIL PROCEDURE CR 50.01 MOTION FOR DIRECTED VERDICT A party who moves for a directed verdict at the close of the evidence offered by an opponent may offer evidence in the event that the motion is not granted, without having reserved the right so to do and to the same extent as if the motion had not been made. A motion for a directed verdict which is not granted is not a waiver of trial by jury even though all parties to the action have moved for directed verdicts. A motion for a directed verdict shall state the specific grounds therefor. The order of the court granting a motion for a directed verdict is effective without any assent of the jury. [Amended eff. 7-1-69; adopted eff. 7-1-53] CR 50.02 MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT; ALTERNATIVE MOTION FOR NEW TRIAL Not later than 10 days after entry of judgment, a party who has moved for a directed verdict at the close of all the evidence may move to have the verdict and any judgment entered thereon set aside and to have judgment entered in accordance with his motion for a directed verdict; or if a verdict was not returned, such party within 10 days after the jury has been discharged may move for judgment in accordance with his motion for a directed verdict. A motion for a new trial may be joined with this motion, or a new trial may be prayed for in the alternative. If a verdict was returned the court may allow the judgment to stand or may reopen the judgment and either order a new trial or direct the entry of judgment as if the requested verdict had been directed. If no verdict was returned the court may direct the entry of judgment as if the requested verdict had been directed or may order a new trial. [Amended eff. 7-1-69; prior amendment eff. 4-1-63; adopted eff. 7-1-53] CR 50.03 CONDITIONAL RULINGS ON GRANT OR DENIAL OF MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT (1) If the motion for judgment notwithstanding the verdict, provided for in Rule 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 the new trial. If the motion for a new trial is thus conditionally granted, the order thereon does not affect the finality of the judgment. In case the motion for a new trial has been 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. (2) The party whose verdict has been set aside on motion for judgment notwithstanding the verdict may serve a motion for a new trial pursuant to Rule 59 not later than 10 days after entry of the judgment notwithstanding the verdict. (3) If the motion for judgment notwithstanding the verdict is denied, the party who prevailed on that motion may, as appellee, assert grounds entitling him to a new trial in the event the appellate court concludes that the trial court erred in denying the motion for judgment notwithstanding the verdict. If the appellate court reverses the judgment, nothing in Rule 50 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. [Amended eff. 7-1-69; adopted eff. 7-1-53] CR 50.04 JUDGMENT NOTWITHSTANDING VERDICT; ASSESSMENT OF DAMAGES Where the trial court orders, or an appellate court directs, judgment notwithstanding a verdict, in favor of a party entitled to recover damages, the trial court shall, unless a jury is waived, submit to a jury solely the question of assessing damages. [Amended eff. 7-1-76; adopted eff. 7-1-53]
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