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Rule 59.01.Grounds.

Current through June 18, 2026 · Last verified July 9, 2026

In one sentenceCR 59.01 lists the eight grounds -- irregularity, misconduct, accident or surprise, excessive or inadequate damages, miscalculated recovery, an unsupported or unlawful verdict, newly discovered evidence, and unobjected-preserved legal error -- on which a court may grant a new trial to some or all parties on some or all issues.

Full Text of Rule 59.01

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h)

A new trial may be granted to all or any of the parties and on all or part of the issues for any of the following causes:
(a) Irregularity in the proceedings of the court, jury or prevailing party, or an order of the court, or abuse of discretion, by which the party was prevented from having a fair trial.
(b) Misconduct of the jury, of the prevailing party, or of his attorney.
(c) Accident or surprise which ordinary prudence could not have guarded against.
(d) Excessive or inadequate damages, appearing to have been given under the influence of passion or prejudice or in disregard of the evidence or the instructions of the court.
(e) Error in the assessment of the amount of recovery whether too large or too small.
(f) That the verdict is not sustained by sufficient evidence, or is contrary to law.
(g) Newly discovered evidence, material for the party applying, which he could not, with reasonable diligence, have discovered and produced at the trial.
(h) Errors of law occurring at the trial and objected to by the party under the provisions of these rules.

Amendment History

(Amended October 18, 1977, effective January 1, 1978.)

Plain-English Summary

Rule 59.01 lists the grounds a party can raise in a motion for a new trial. A court can grant a new trial to some or all of the parties, and on some or all of the issues, if any of eight things happened: an irregularity in how the court, jury, or the winning party conducted the proceedings (or an order of the court, or an abuse of discretion) that kept a party from getting a fair trial; misconduct by the jury, the winning party, or that party's attorney; an accident or surprise that ordinary care could not have prevented; damages that look excessive or inadequate because passion, prejudice, or disregard of the evidence or instructions drove the verdict; a plain error in calculating the amount recovered, whether too high or too low; a verdict unsupported by enough evidence or contrary to law; newly discovered evidence that the moving party could not have found and produced at trial with reasonable diligence; and legal errors at trial that the party objected to at the time under the rules.

The list covers process problems (irregularity, misconduct, accident), substance problems (damages, insufficient evidence, legal error), and evidence that surfaced too late to use. A motion can rest on one ground or several, and the court can grant relief on part of the case rather than order a full do-over.

Frequently Asked Questions

What are the grounds for a new trial in Kentucky courts?

Rule 59.01 lists eight: irregularity in the proceedings or an abuse of discretion that prevented a fair trial; jury or party misconduct; accident or surprise that ordinary care could not have prevented; excessive or inadequate damages driven by passion, prejudice, or disregard of the evidence; an error in the amount of recovery; a verdict unsupported by the evidence or contrary to law; newly discovered evidence; and unobjected-to legal errors preserved under the rules.

Can newly discovered evidence support a motion for a new trial?

Yes, if it is material and the moving party could not have discovered and produced it at trial with reasonable diligence.

Can a court grant a new trial on only part of a case?

Yes. Rule 59.01 allows a new trial for all or any of the parties and on all or part of the issues.

Source & verification. The rule text is reproduced verbatim from the official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 59.01). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source
Also known as: grounds for a new trial in KentuckyCR 59.01 new trial groundsmotion for new trial excessive damagesnewly discovered evidence new trialjury misconduct new trial motionverdict against the evidence new trial