Fed. R. Civ. P. 59 — New Trial; Altering or Amending a Judgment

Federal Rules of Civil Procedure

Rule 59 — New Trial; Altering or Amending a Judgment

Fed. R. Civ. P. 59

Rule59

TITLE VIIJUDGMENT

CitationFed. R. Civ. P. 59

Fed. R. Civ. P. 59 (New Trial; Altering or Amending a Judgment) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Bluebook

Fed. R. Civ. P. 59.

Text

(a)INGENERAL.

(1)Grounds for New Trial. The court may, on motion, grant a new trial on all or some of the issues—and to any party—as follows:

(A)after a jury trial, for any reason for which a new trial has heretofore been granted in an action at law in federal court; or

(B)after a nonjury trial, for any reason for which a re- hearing has heretofore been granted in a suit in equity in federal court.

(2)Further Action After a Nonjury Trial. After a nonjury trial, the court may, on motion for a new trial, open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new ones, and direct the entry of a new judgment.

(b)TIME TO FILE A MOTION FOR A NEW TRIAL. A motion for a new trial must be filed no later than 28 days after the

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(a) INGENERAL.
(1) Grounds for New Trial. The court may, on motion, grant
a new trial on all or some of the issues—and to any party—as
follows:
(A) after a jury trial, for any reason for which a new
trial has heretofore been granted in an action at law in
federal court; or
(B) after a nonjury trial, for any reason for which a re-
hearing has heretofore been granted in a suit in equity in
federal court.
(2) Further Action After a Nonjury Trial. After a nonjury trial,
the court may, on motion for a new trial, open the judgment
if one has been entered, take additional testimony, amend
findings of fact and conclusions of law or make new ones, and
direct the entry of a new judgment.
(b) TIME TO FILE A MOTION FOR A NEW TRIAL. A motion for a new
trial must be filed no later than 28 days after the entry of judg-
ment.

(c) TIME TO SERVE AFFIDAVITS. When a motion for a new trial is
based on affidavits, they must be filed with the motion. The op-
posing party has 14 days after being served to file opposing affida-
vits. The court may permit reply affidavits.
(d) NEW TRIAL ON THE COURT’S INITIATIVE OR FOR REASONS NOT
IN THE MOTION. No later than 28 days after the entry of judgment,
the court, on its own, may order a new trial for any reason that
would justify granting one on a party’s motion. After giving the
parties notice and an opportunity to be heard, the court may
grant a timely motion for a new trial for a reason not stated in
the motion. In either event, the court must specify the reasons in
its order.
(e) MOTION TO ALTER OR AMEND A JUDGMENT. A motion to alter
or amend a judgment must be filed no later than 28 days after the
entry of the judgment.

Advisory Committee Notes

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Feb. 28, 1966, eff. July 1, 1966; Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.)