Rule 59.New Trials—Amendment of Judgments.

A new trial can be granted to any or all parties, on all or part of the issues, in either a jury or nonjury case, whenever the interest of justice requires it; in a nonjury case, the court can instead take more testimony, revise or add findings and conclusions, and direct that a new judgment be entered. A motion for a new trial has to be served within 10 days after the judgment's distribution date, stating its grounds and pointing to the supporting papers, and a motion to alter or amend the judgment follows the same 10-day deadline from entry of judgment. When the motion rests on newly discovered evidence, it needs affidavits from someone with knowledge of the facts and from the moving party's attorney explaining why the evidence couldn't have been produced at trial with reasonable diligence, backed by the testifying witnesses' own affidavits or the documents themselves if the evidence is documentary.

If the motion relies on affidavits, they're served with the motion, and the other side gets 10 days to respond with opposing affidavits — extendable up to 20 more days for good cause or by agreement — with reply affidavits allowed at the court's discretion. Within 10 days after judgment, the court can also order a new trial entirely on its own, for any reason that would have supported a party's motion, or grant a timely motion for a reason the party never raised, as long as the parties get notice and a chance to be heard first; either way, the court has to specify its grounds. A separate Alaska statute affecting litigation over conditions in correctional facilities also modifies the remedies and procedures available under this rule.