1. The lack of a legally sufficient evidentiary basis for a reasonable fact-finder to rule in favor of the party who bears the burden of proof (there is no evidence in the record about his whereabouts at midnight). • Under the Federal Rules of Civil Procedure, a party can move for judgment as a matter of law to claim that the other party — who bears the burden of proof — has been fully heard and has not offered sufficient evidence to prove one or more essential elements of the suit or defense. Fed. R. Civ. P. 50. Though such a contention is usu. referred to as a no-evidence motion, the issue is not whether there was actually no evidence, but rather whether the evidence was sufficient for the fact-finder to be able to reasonably rule in favor of the other party. [Cases: Evidence 597; Federal Civil Procedure 2142.
1. C.J.S. Evidence §§ 1301, 1304, 1306, 1339.]
“Since judgment as a matter of law deprives the party opposing the motion of a determination of the facts by a jury, it should be granted cautiously and sparingly. Nevertheless, the federal courts do not follow the rule that a scintilla of evidence is enough to create an issue for the jury. The question is not whether there is literally no evidence upon which the jury properly could find a verdict for that party.” 9A Charles Alan Wright & Arthur Miller, Federal Practice and Procedure § 2524, at 252–54 (2d ed. 1995).
2. Evidence that has no value in an attempt to prove a matter in issue (that testimony is no evidence of an alibi).
