9.7​Motions for Directed Verdict in Jury Trials

A motion for directed verdict may be made at the close of the evidence offered by the opponent. MCR 2.516. The motion must state specific facts in support of the motion. Id. If the motion is denied, the moving party may offer evidence without having reserved the right to do so, as if the motion had not been made. Id. A motion for a directed verdict that is not granted does not constitute a waiver of trial by jury, even though all parties have moved for directed verdicts. Id.

In deciding a motion for directed verdict, the court must review the evidence presented up to the time of the motion and view the evidence in the light most favorable to the prosecution to determine whether a rational trier of fact could have found that the essential elements of the crime were proven beyond a reasonable doubt. In re Fenderson, unpublished opinion per curiam of the Court of Appeals, issued March 3, 2009 (Docket No. 281262), slip op p 1, citing People v Gillis, 474 Mich 105, 113 (2006). “Circumstantial evidence and reasonable inferences drawn from it may be sufficient to prove the elements of the crime.” In re Fenderson, slip op p 1, citing People v Schultz, 246 Mich App 695, 702 (2001).