Rule 59.New Trial; Altering or Amending a Judgment

Last amended December 1, 2009 · Last verified June 30, 2026

In one sentenceRule 59 lets a court grant a new trial for reasons historically recognized, or alter or amend a judgment, on a motion filed no later than 28 days after the entry of judgment, and lets the court act on its own within that same period.

Full Text of Rule 59

Text sizeJump to: (a) (b) (c) (d) (e)

(a) In General.

(1) Grounds for New Trial. The court may, on motion, grant a new trial on all or some of the issues—and to any party— as follows:

(A) after a jury trial, for any reason for which a new trial has heretofore been granted in an action at law in federal court; or

(B) after a nonjury trial, for any reason for which a rehearing has heretofore been granted in a suit in equity in federal court.

(2) Further Action After a Nonjury Trial. After a nonjury trial, the court may, on motion for a new trial, open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new ones, and direct the entry of a new judgment.

(b) Time to File a Motion for a New Trial. A motion for a new trial must be filed no later than 28 days after the entry of judgment.

(c) Time to Serve Affidavits. When a motion for a new trial is based on affidavits, they must be filed with the motion. The opposing party has 14 days after being served to file opposing affidavits. The court may permit reply affidavits.

(d) New Trial on the Court's Initiative or for Reasons Not in the Motion. No later than 28 days after the entry of judgment, the court, on its own, may order a new trial for any reason that would justify granting one on a party's motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion. In either event, the court must specify the reasons in its order.

(e) Motion to Alter or Amend a Judgment. A motion to alter or amend a judgment must be filed no later than 28 days after the entry of the judgment.

End

Amendment History

(Amended December 27, 1946, effective March 19, 1948; February 28, 1966, effective July 1, 1966; April 27, 1995, effective December 1, 1995; April 30, 2007, effective December 1, 2007; March 26, 2009, effective December 1, 2009.)

Plain-English Summary

Rule 59 is the main tool for asking the trial court to reconsider after judgment. After a jury trial, the court may grant a new trial — on all or some issues — for any reason for which new trials have historically been granted, such as a verdict against the clear weight of the evidence or a prejudicial error. After a bench trial, it may grant a new trial for reasons for which rehearings have been granted, and may open the judgment, take more evidence, and enter a new one.

Timing is strict: a motion for a new trial, and a motion to alter or amend the judgment, must each be filed no later than 28 days after the entry of judgment — a deadline the court cannot extend. The court may also order a new trial on its own within that period. Because these motions toll the time to appeal, Rule 59 is often the first stop before an appeal.

Frequently Asked Questions

What is the deadline for a motion for a new trial?

No later than 28 days after the entry of judgment — a deadline that cannot be extended (Rule 59(b)).

What is a motion to alter or amend a judgment?

A Rule 59(e) motion asking the court to change its own judgment, filed within 28 days of entry; it is the usual vehicle for asking a trial court to reconsider.

Source & verification. The rule text and amendment history are reproduced verbatim from the official Federal Rules of Civil Procedure (Fed. R. Civ. P. 59), a public-domain work of the U.S. Government. Prescribed by the United States Supreme Court under the Rules Enabling Act. The plain-English summary is original and written by us. Last verified June 30, 2026. · Official source

Also known as: FRCP 59Fed. R. Civ. P. 59new trialmotion to alter or amend28 days new trialmotion for reconsideration