7.14Motion for Dismissal/Directed Verdict

In a bench trial, a directed verdict motion should be treated as a motion for involuntary dismissal under MCR 2.504(B)(2). See Stanton v Dachille, 186 Mich App 247, 261 (1990). The standard on this motion is different than that for a directed verdict in a jury trial¹ because MCR 2.504(B)(2) “permit[s a] court to make credibility evaluations and factual findings,” and the court, in determining whether to dismiss an action under MCR 2.504(B)(2), is not “required to view the evidence in the light most favorable to [the defendant], to resolve all conflicts of evidence in his favor, or to determine whether there [is] a genuine issue of material fact.” Williamstown Twp v Hudson, 311 Mich App 276, 289 (2015). “The involuntary dismissal of an action is appropriate where the trial court, when sitting as the finder of fact, is satisfied at the close of the plaintiff’s evidence that ‘on the facts and the law the plaintiff has shown no right to relief.’” Samuel D Begola Servs, Inc v Wild Bros, 210 Mich App 636, 639 (1995), quoting MCR 2.504(B)(2). The court may determine the facts and render a judgment against the plaintiff or may decline to render judgment until the close of all evidence. MCR 2.504(B)(2). If the court grants the motion, it must make findings under MCR 2.517. MCR 2.504(B)(2).