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.
Rule 59.04.On initiative of court.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 59.04 lets a Kentucky trial court order a new trial on its own initiative, without any party asking, within 10 days after judgment entry, for any reason that would have supported a party's new-trial motion, or lets the court grant a party's timely motion on a ground the motion never raised, so long as the parties get notice and a chance to respond, with the court's order stating its reasons.
Full Text of Rule 59.04
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
Most new-trial requests come from the parties, but CR 59.04 lets the judge who tried the case step in without waiting for anyone to file a motion. The court has 10 days after judgment is entered to order a new trial on its own, for any reason that would have justified granting one if a party had asked.
The rule also covers a related situation: a party did file a timely motion for a new trial, but on grounds different from the one the court wants to use. Before doing that, the court has to give the parties notice and a chance to be heard. Either way, the order granting a new trial has to spell out the court's reasons, so the losing side and any reviewing court can see the basis for the decision.
Frequently Asked Questions
Can a Kentucky judge order a new trial without either side asking for one?
Yes. Under CR 59.04, the court may order a new trial on its own initiative, without a motion from either party, for any reason that would have supported granting one on a party's motion.
How long does a Kentucky court have to order a new trial on its own?
Not later than 10 days after entry of the judgment. After that window closes, the court cannot use this on-its-own-initiative power under CR 59.04.
Can a judge grant my new trial motion for a reason I didn't raise in it?
Yes, but only after giving the parties notice and an opportunity to be heard on that different ground, and the court must state its reasons in the order.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 59.04). 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: Kentucky CR 59.04court orders new trial on its ownsua sponte new trial Kentuckyjudge grants new trial for reason not raised in motion10 day deadline court initiated new trial