A motion for judgment as a matter of law is a procedure during trial in which a party who does not have the burden of proof on a claim (generally the defendant) or on a defense to a claim (generally the plaintiff) may ask the court to dismiss the claim or defense before the jury is allowed to decide it. The standard for dismissing such a claim or defense is whether no reasonable jury could find for the opposing party on the claim or defense. In the federal court system, a motion for judgment as a matter of law is governed by Federal Rule of Civil Procedure 50.
In West Virginia, a motion for judgment as a matter of law is a legal procedure that can be invoked during a trial when one party believes that the opposing party has not presented sufficient evidence to support their claim or defense. This motion is typically filed by the defendant in response to the plaintiff's claim or by the plaintiff in response to the defendant's defense. The standard for the court to grant such a motion is that no reasonable jury could find in favor of the non-moving party based on the evidence presented. If the court agrees that the evidence is insufficient, it may dismiss the claim or defense without sending it to the jury for deliberation. This procedure is similar to the federal rule, but it is governed by the West Virginia Rules of Civil Procedure and relevant state case law. It is important for parties considering such a motion to consult with an attorney to understand the specific requirements and timing for filing under West Virginia law.