When a motion for a new trial is supported by affidavits the opposing party has 10 days after the service within which to serve opposing affidavits, which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation. The court may permit reply affidavits.
Rule 59.03.Time for serving affidavits.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceCR 59.03 gives the opposing party 10 days after service to file affidavits opposing a new-trial motion supported by affidavits, allows that period to be extended up to 20 additional days by the court or by written stipulation, and lets the court permit reply affidavits.
Full Text of Rule 59.03
Amendment History
The source reproduced here (current through June 18, 2026) records no amendment to this rule since its original adoption — no History line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the West’s Rules & Procedures.
Plain-English Summary
Rule 59.03 covers the paperwork timing when a new-trial motion relies on affidavits. Once the moving party serves supporting affidavits, the opposing party gets 10 days after that service to serve affidavits in response. That 10-day window can grow by up to 20 more days, either because the court extends it for good cause or because the parties agree in writing to extend it.
The court also has discretion to allow reply affidavits, giving the original moving party one more chance to respond to what the opposing side filed.
Frequently Asked Questions
How long does the other side have to respond to affidavits supporting a new trial motion?
10 days after service of the supporting affidavits.
Can the 10-day deadline for opposing affidavits be extended?
Yes, by up to 20 additional days, either by the court for good cause shown or by written stipulation of the parties.
Can I file reply affidavits after the opposing side responds?
The court may permit reply affidavits.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 59.03). 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: time to serve opposing affidavits new trial motionCR 59.03 affidavit deadlineextension for affidavits new trial motionreply affidavits new trial Kentucky