50.04 Judgment notwithstanding verdict; assessment of damages

When a judge decides a party should win the case even though the jury said otherwise, this rule explains what happens next with damages. If the winning party is owed money, the judge doesn't just pick a dollar amount. Instead, the judge has to bring in a jury to decide only how much money the person should get, unless both sides agree to skip the jury for that part.

This rule applies whether it's the trial judge who overturns the verdict, or a higher court that orders the trial judge to do so on appeal. Either way, the amount of damages still needs to go through a jury, unless the parties agree to let the judge decide instead. This keeps the decision about money in the hands of a jury, even when the judge has already ruled on who should win.