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34. May the homeowner file a renewed motion for judgment as a matter of law and motion for a new trial?
A homeowner filed a diversity action against a plumber in federal court in State A. The homeowner alleged that the plumber failed to finish performing work on a $150,000 service contract concerning the installation of a bathroom in the homeowner's home. The plumber disputed the contract's validity at trial, testifying before the jury that the plumber and homeowner never had a contract and that the parties were joking when referring to a «contract» in their exchanged emails. The plumber offered undisputed evidence that he is a contractor by profession, who specializes in bathroom installation. After the close of evidence, the homeowner's attorney filed a motion for judgment as a matter of law, which the court rejected. The jury then returned a verdict for the plumber.
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Here, the homeowner may therefore submit both a renewed motion for judgment as a matter of law and a motion for a new trial.
A is incorrect. Pursuant to the FRCP, parties may make a renewed motion for judgment as a matter of law. This renewed motion can only be made if a party has previously made a motion for judgment as a matter of law. Because the homeowner previously made a motion for judgment as a matter of law, the homeowner may now file a renewed motion for judgment as a matter of law in addition to a motion for a new trial.
B is incorrect. As stated above, the FRCP allow parties to make a renewed motion for judgment as a matter of law in conjunction with a motion for a new trial.
D is incorrect. As stated above, a renewed motion for judgment as a matter of law and a motion for new trial are available to the homeowner, who may file both. Those motions do not have to be combined with a motion for relief from judgment.