Legislation
SECTION 503
Proceedings upon jury trial 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 5
§ 503. Proceedings upon jury trial
1. At any time during trial the court upon motion of any party or on
its own initiative may direct judgment on one or more issues whenever it
determines as a matter of law that the evidence is insufficient to
create an issue of fact for a jury on such issue. Whenever judgment is
so directed the issue shall thereupon be deemed withdrawn from the jury
and it shall render no verdict or finding thereon. The direction of the
court shall be entered in the minutes.
2. On consent of the parties any issue may be likewise withdrawn from
a jury and judgment directed thereon.
3. The verdict and any order or decision of the court shall be
entered in the minutes and if the trial was not held in the surrogate's
court the verdict, order or decision shall be certified by the clerk of
the court to the surrogate's court, whereupon that court shall enter a
final decree accordingly.
1. At any time during trial the court upon motion of any party or on
its own initiative may direct judgment on one or more issues whenever it
determines as a matter of law that the evidence is insufficient to
create an issue of fact for a jury on such issue. Whenever judgment is
so directed the issue shall thereupon be deemed withdrawn from the jury
and it shall render no verdict or finding thereon. The direction of the
court shall be entered in the minutes.
2. On consent of the parties any issue may be likewise withdrawn from
a jury and judgment directed thereon.
3. The verdict and any order or decision of the court shall be
entered in the minutes and if the trial was not held in the surrogate's
court the verdict, order or decision shall be certified by the clerk of
the court to the surrogate's court, whereupon that court shall enter a
final decree accordingly.