Title 9, Chapter 11, Section 50
( 9-11-50)
(a) Motion for directed verdict; when made; effect. A motion for a
directed verdict may be made at the close of the evidence offered by
an opponent or at the close of the case. 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 a motion is not granted without
having reserved the right to do so 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. If there is no conflict in
the evidence as to any material issue and the evidence introduced,
with all reasonable deductions therefrom, shall demand a particular
verdict, such verdict shall be directed. (b) Motion for judgment notwithstanding the verdict -- When made;
new trial motion. Whenever a motion for a directed verdict made at
the close of all the evidence is denied or for any reason is not
granted, the court is deemed to have submitted the action to the
jury subject to a later determination of the legal questions raised
by the motion. Not later than 30 days after entry of judgment, a
party who has moved for a directed verdict 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 30
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. (c) Same -- Conditional rulings on grant of motion; motion for new
trial by losing party. (1) If the motion for judgment notwithstanding the verdict
provided for in subsection (b) of this Code section 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 not later than 30 days after entry of the judgment
notwithstanding the verdict. (d) Same -- Denial of motion. 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
this Code section 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. (e) Erroneous denial of directed verdict. Where error is enumerated
upon an order denying a motion for directed verdict and the
appellate court determines that the motion was erroneously denied,
it may direct that judgment be entered below in accordance with the
motion or may order that a new trial be had, as the court may
determine necessary to meet the ends of justice under the facts of
the case. | 
