Civil procedure
Rule 59 Motion
A Rule 59 motion asks the trial court for a new trial or to alter or amend its judgment, and it must be filed within 28 days.
Grounds include a verdict against the weight of the evidence, a serious legal error at trial, newly discovered evidence, or an award so excessive it shocks the conscience. It is not a place to reargue points the court already rejected.
Timing has a second effect: a timely Rule 59 motion pauses the clock for appealing, which restarts when the motion is decided. Filing one late does not, and that mistake has cost parties their appeals.
These motions are also where a judge can fix an excessive award without a new trial. A court may offer the plaintiff a reduced award instead of retrying the case, and a plaintiff who refuses gets the new trial.
How it appears on a docket
MOTION for New Trial or, in the alternative, to Alter or Amend the Judgment, filed by defendant. Response due 1/26/2027.
Governing rule
Fed. R. Civ. P. 59(b), (e)
Related terms
- Rule 60 Motion — A Rule 60 motion asks the court to relieve a party from a final judgment for reasons such as mistake, newly discovered evidence, or fraud.
- Notice of Appeal — A notice of appeal is the short filing that starts an appeal by telling the trial court which judgment is being appealed and to which court.
More on civil procedure
See this term in a real case
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