Ch. VII: Judgment · Last amended 2020 · Current through June 1, 2026 · Last verified September 9, 2026
In one sentenceRule 59 gives 15 days to move for a new trial, to alter or amend a judgment, or to seek reargument — and lets the court order a new trial on its own within the same 15 days.
(a)Grounds. A new trial may be granted to all or any of the parties and on all or part of the issues in an action in the interest of justice. On a motion for a new trial, the Court may open the judgment if one has been entered, take additional testimony and direct the entry of a new judgment.
(b)Time and Procedure for Motion. The motion for a new trial shall be served and filed not later than 15 days after the entry of judgment. The motion shall briefly and distinctly state the grounds therefor. If the motion is not accompanied by affidavits, the opposing party, within 10 days after service of such motion, may serve and file a short answer to each ground asserted in the motion, accompanied by a brief, if that party desires to file one. If the motion is accompanied by affidavits, the opposing party has 10 days after such service within which to serve and file an answer and opposing affidavits and brief, if any; this period may be extended for an additional period not exceeding 10 days either by the Court for good cause shown or by the parties by written stipulation. Reply affidavits and brief may be served and filed within 10 days after service of the opposing affidavits and briefs; this period may be extended for an additional period not exceeding 10 days, either by the Court for good cause shown or by the parties by written stipulation. The Court shall determine from the motion, answer, affidavits and briefs, whether a new trial shall be granted or denied or whether there shall be oral argument on the motion. A copy of the motion, answer, affidavits and briefs shall be furnished forthwith by the respective parties serving them to the judicial officer involved.
(c)On Initiative of Court. Not later than 15 days after entry of judgment the Court of its own initiative may order a new trial for any reason for which it might have granted a new trial on motion of a party. After giving the parties notice and an opportunity to be heard on the matter, the Court may grant a motion for a new trial, timely served, for a reason not stated in the motion. In either case, the Court shall specify in the order the grounds therefor.
(d)Motion to Alter or Amend a Judgment. A motion to alter or amend the judgment shall be served and filed not later than 15 days after entry of the judgment.
(e)Rearguments. A motion for reargument shall be served and filed within 15 days after the filing of the Court's opinion or decision. The motion shall briefly and distinctly state the grounds therefor. Within 10 days after service of such motion, the opposing party may serve and file a brief answer to each ground asserted in the motion. The Court will determine from the motion and answer whether reargument will be granted. A copy of the motion and answer shall be furnished forthwith by the respective parties serving them to the judicial officer involved.
End
Amendment History
Delaware prints each rule’s amendment history as a single “Credits” line naming every order that adopted or amended it. It is reproduced verbatim below.
[Amended effective September 1, 2020.]
Plain-English Summary
New trial. May be granted to any or all parties, on all or part of the issues, in the interest of justice. The motion is served and filed not later than 15 days after the entry of judgment.
On the court's own initiative. Not later than 15 days after entry of judgment, the court may order a new trial for any reason for which it might have granted one on motion. The same window, so a party is never left wondering whether the case might reopen after the time to ask has passed.
Altering or amending. A motion to alter or amend the judgment is served and filed not later than 15 days after entry of the judgment.
Reargument. A motion for reargument is served and filed within 15 days after the filing of the court's opinion or decision. Note the different trigger: reargument runs from the opinion, the others from the judgment.
The rule requires the motion to state the grounds briefly and distinctly. Reargument is for a point the court overlooked or misapprehended, not a second attempt at an argument it understood and rejected.
Frequently Asked Questions
How long do I have to ask for a new trial in the Delaware Family Court?
The motion must be served and filed not later than 15 days after the entry of judgment.
How long do I have to ask the court to change its judgment?
A motion to alter or amend the judgment is served and filed not later than 15 days after entry of the judgment.
How long do I have to seek reargument?
Within 15 days after the filing of the court's opinion or decision.
Can the court order a new trial without being asked?
Yes, not later than 15 days after entry of judgment, for any reason for which it might have granted a new trial on motion.
Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 59), and every rule has been checked word for word against the Delaware Family Court’s own published edition of these rules. Current through June 1, 2026. The plain-English summary is original and written by us. Last verified September 9, 2026. ·
Official source
Also known as:new trial Delaware Family Courtmotion for reargument Delaware15 days to alter judgment DelawareFam. Ct. Civ. R. 59