Current through June 1, 2026 · Last verified July 10, 2026
In one sentenceRule 59 gives the exclusive list of post-trial motions — new trial, judgment notwithstanding the verdict, or amended findings or judgment — sets a 14-day deadline to file them after judgment, and requires the court to rule within 63 days or the motion is deemed denied.
(a)Post-Trial Motions. Within 14 days of entry of judgment as provided in C.R.C.P. 58 or such greater time as the court may allow pursuant to a request for an extension of time made within that 14-day period, a party may move for post-trial relief including:
(1)A new trial of all or part of the issues;
(2)Judgment notwithstanding the verdict;
(3)Amendment of findings; or
(4)Amendment of judgment. Motions for post-trial relief may be combined or asserted in the alternative. The motion shall state the ground asserted and the relief sought.
(b)No Post-Trial Motion Required. Filing of a motion for post-trial relief shall not be a condition precedent to appeal or cross-appeal, nor shall filing of such motion limit the issues that may be raised on appeal.
(c)On Initiative of Court. Within the time allowed the parties and upon any ground available to a party, the court on its own initiative, may:
(1)Order a new trial of all or part of the issues;
(2)Order judgment notwithstanding the verdict;
(3)Order an amendment of its findings; or
(4)Order an amendment of its judgment. The court's order shall specify the grounds for such action.
(d)Grounds for New Trial. Subject to provisions of Rule 61, a new trial may be granted for any of the following causes:
(1)Any irregularity in the proceedings by which any party was prevented from having a fair trial;
(2)Misconduct of the jury;
(3)Accident or surprise, which ordinary prudence could not have guarded against;
(4)Newly discovered evidence, material for the party making the application which that party could not, with reasonable diligence, have discovered and produced at the trial;
(5)Excessive or inadequate damages; or
(6)Error in Law. When application is made under grounds (1), (2), (3), or (4), it shall be supported by affidavit filed with the motion. The opposing party shall have 21 days after service of an affidavit within which to file opposing affidavits, which period may be extended by the court or by written stipulation between the parties. The court may permit reply affidavits.
(e)Grounds for Judgment Notwithstanding Verdict. A judgment notwithstanding verdict may be granted for either of the following grounds:
(1)Insufficiency of evidence as a matter of law; or
(2)No genuine issue as to any material fact and the moving party being entitled to judgment as a matter of law. A motion for directed verdict shall not be a prerequisite to any form of post-trial relief, including judgment notwithstanding verdict.
(f)Scope of Relief in Trials to Court. On motion for post-trial relief in an action tried without a jury, the court may, if a ground exists, open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct entry of a new judgment.
(g)Scope of Relief in Trials to a Jury. On motion for post-trial relief in a jury trial, the court may, if a ground exists, order a new trial or direct entry of judgment. If no verdict was returned, the court may, if a ground exists, direct entry of judgment or order a new trial.
(h)Effect of Granting New Trial. The granting of a new trial shall not be an appealable order, but a party by participating in the new trial shall not be deemed to have waived any objection to the granting of the new trial, and the validity of the order granting new trial may be raised by appeal after final judgment has been entered in the case.
(i)Effect of Granting Judgment Notwithstanding Verdict, Amendment of Findings or Amendment of Judgment. Subject to C.R.C.P. 54(b), granting of judgment notwithstanding the verdict, amendment of findings or amendment of judgment shall be an appealable order.
(j)Time for Determination of Post-Trial Motions. The court shall determine any post-trial motion within 63 days (9 weeks) of the date of the filing of the motion. Where there are multiple motions for post-trial relief, the time for determination shall commence on the date of filing of the last of such motions. Any post-trial motion that has not been decided within the 63-day determination period shall, without further action by the court, be deemed denied for all purposes including Rule 4(a) of the Colorado Appellate Rules and time for appeal shall commence as of that date.
(k)When Judgment Becomes Final. For purposes of this Rule 59, judgment shall be final and time for filing of notice of appeal shall commence as set forth in Rule 4(a) of the Colorado Appellate Rules.
Amendment History
Amended effective July 1, 1983; January 1, 1985; July 1, 1994; October 11, 2001; January 1, 2012; January 10, 2019.
Plain-English Summary
After judgment is entered, Rule 59 gives a party 14 days to ask the trial court for post-trial relief: a new trial on all or part of the case, judgment notwithstanding the verdict, amended findings, or an amended judgment. A party can combine these requests or plead them as alternatives, and the court itself may order the same relief on its own initiative within that same window. None of this is required before appealing — filing, or not filing, a post-trial motion does not limit what issues a party may raise on appeal.
A motion for new trial rests on different grounds than judgment notwithstanding the verdict. New trial grounds include an irregularity that denied a party a fair trial, jury misconduct, an accident or surprise that ordinary care could not have prevented, newly discovered evidence, excessive or inadequate damages, or an error of law; the first four of these require a supporting affidavit, and the opposing side then has 21 days to file a response. Judgment notwithstanding the verdict, by contrast, asks the court to override the jury because the evidence was insufficient as a matter of law, or because there is no genuine factual dispute and the moving party is entitled to judgment as a matter of law — and a party need not have moved for a directed verdict first to ask for it.
The consequences of granting these motions differ too. Granting a new trial is not immediately appealable; a party has to wait until final judgment after the new trial to challenge that order. Granting judgment notwithstanding the verdict, or amending findings or judgment, is immediately appealable. And because these motions could otherwise drag on, the court must decide any post-trial motion within 63 days (9 weeks) of filing — or, when there are multiple motions, within 63 days of the last one filed. A motion left undecided past that point is deemed denied automatically, and the clock for filing a notice of appeal starts running from that date.
Frequently Asked Questions
How long do I have to file a motion for new trial or JNOV after judgment?
You have 14 days from entry of judgment under Rule 58, unless you ask the court for more time within that same 14-day period.
Does Colorado call it a motion for judgment notwithstanding the verdict, or something else?
Colorado still uses judgment notwithstanding the verdict, commonly shortened to JNOV, as the name for the motion asking the court to override an unsupported jury verdict.
Do I have to file a post-trial motion before I can appeal?
No. Rule 59 states that filing a post-trial motion is not a condition of appealing, and doing so does not limit the issues you can raise on appeal.
What happens if the judge never rules on my post-trial motion?
If the court has not decided the motion within 63 days of filing, it is deemed denied automatically, and the time to file a notice of appeal begins running from that date.
Source & verification. The rule text is reproduced verbatim from the
official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 59). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. ·
Official source
Also known as:motion for new trialJNOVjudgment notwithstanding the verdictmotion to alter or amend judgmentpost-trial motion deadlinemotion to amend findings