Bryant v. Kelly

PAEKEE, Judge.

Motion for a directed verdict under Eule 50(a) of the Eules of Civil Procedure is proper when trial is being held before a jury. This case was tried by the judge without a jury. The appropriate motion in such case is for involuntary dismissal under Eule 41 (b). Therefore, we will treat defendants’ motion as a motion for an involuntary dismissal under Eule 41 (b).

Eule 41(b) reads in part:

“After the plaintiff, in an action tried by the court without a jury, has completed the presentation of his evidence, the defendant, without waiving his right to offer evidence in the event the…