(a) Grounds. A new trial may be granted as to all or any of the parties and on all or part of the issues in an action in which there has been a trial for any of the reasons for which new trials have heretofore been granted in the Superior Court. On a motion for a new trial in an action tried without a jury, the Court may open the judgment, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.
Rule 59.New trials and rearguments
Part VII: Judgment · Last amended January 1, 1991 · Last verified July 28, 2026
In one sentenceRule 59 lets the Court grant a new trial for any reason new trials have historically been granted, sets a 10-day deadline for a motion for new trial or to alter or amend judgment, and gives 5 days to move for reargument after the Court's opinion.
Full Text of Rule 59
(b) Time and procedure for motion. The motion for a new trial shall be served and filed not later than 10 days after the entry of judgment, or the rendition of the verdict, if pursuant to Rule 58, the Court has directed that the judgment shall not be entered forthwith upon the verdict, the motion to be accompanied by a brief and affidavit, if any. 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 the opposing 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 that party’s 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 Judge involved.
(c) On initiative of Court. Not later than 10 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 10 days after entry of the judgment.
(e) Rearguments. A motion for reargument shall be served and filed within 5 days after the filing of the Court’s opinion or decision. The motion shall briefly and distinctly state the grounds therefor. Within 5 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 Judge involved.
Amendment History
Amended, effective Mar. 17, 1958; Jan. 1, 1966; Jan. 1, 1967; July 1, 1970; Jan. 1, 1991.
Plain-English Summary
Rule 59(a) doesn't list specific grounds for a new trial; it incorporates whatever reasons new trials have historically been granted in the Superior Court, and it lets the Court grant one as to all or some parties and on all or part of the issues. In a case tried without a jury, the Court has extra options on a new-trial motion: it can open the judgment, take more testimony, amend its findings and conclusions or make new ones, and enter a new judgment.
Rule 59(b) sets the deadline and the back-and-forth: a motion for a new trial must be served and filed no later than 10 days after entry of judgment, or after the verdict if the Court directed under Rule 58 that judgment not be entered immediately. The motion has to state its grounds briefly and distinctly and come with a brief and any affidavits. The opposing party then gets 10 days to answer — with a brief if the motion had no affidavits, or with an answer, opposing affidavits, and a brief if it did — and that period can stretch another 10 days for good cause or by stipulation. Reply affidavits and a brief follow within 10 days of the opposing papers, again extendable up to 10 more days. Copies of everything filed go straight to the judge involved.
Rule 59(c) lets the Court act without a motion: within 10 days after judgment, it can order a new trial on its own for any reason it could have granted one on a party's motion, and after giving the parties notice and a chance to be heard, it can grant a timely motion for a reason the motion itself didn't state — but either way, the order has to specify its grounds. Rule 59(d) gives a motion to alter or amend the judgment the same 10-day deadline after entry of judgment.
Rule 59(e) covers rearguments on a shorter clock: a motion for reargument must be served and filed within 5 days after the Court files its opinion or decision, stating its grounds briefly and distinctly. The opposing party has 5 days after service to file a brief answer to each ground, and the Court decides whether to grant reargument from the motion and answer alone, with copies going straight to the judge.
Frequently Asked Questions
How long do I have to move for a new trial in Delaware Superior Court?
Rule 59(b) requires the motion to be served and filed no later than 10 days after entry of judgment, or after the verdict if the Court directed that judgment not be entered forthwith under Rule 58.
Can the Court order a new trial without either party asking for one?
Yes. Rule 59(c) lets the Court, on its own initiative and within 10 days after entry of judgment, order a new trial for any reason it could have granted one on a party's motion, though the order must specify the grounds.
What's the deadline for a motion to alter or amend a judgment?
Rule 59(d) requires that motion to be served and filed no later than 10 days after entry of the judgment.
How quickly do I need to move for reargument after the Court issues its decision?
Rule 59(e) requires a motion for reargument to be served and filed within 5 days after the filing of the Court's opinion or decision.
Can the deadlines to respond to a new trial motion be extended?
Yes, in part. Rule 59(b) allows the opposing party's answer period, and the movant's reply period, each to be extended by up to an additional 10 days, either by the Court for good cause or by written stipulation of the parties.
Source & verification. Rule text is reproduced verbatim from the
Delaware Rules of Civil Procedure for the Superior Court, adopted by the
Superior Court of the State of Delaware. Last verified July 28, 2026.
· Official source
Also known as: delaware motion for new trial deadlinemotion to alter or amend judgment delawaremotion for reargument delaware10 day deadline new trial delaware superior court