A motion to alter or amend a judgment, or to vacate a judgment and enter a new one, shall be served not later than 10 days after entry of the final judgment.
Rule 59.05.Motion to alter, amend or vacate a judgment.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 59.05 gives a party 10 days after entry of a final judgment to serve a motion asking the trial court to alter or amend that judgment, or to vacate it and enter a new one.
Full Text of Rule 59.05
Amendment History
(Amended effective April 1, 1963; prior amendment effective June 1, 1960; adopted effective July 1, 1953.)
Plain-English Summary
CR 59.05 is the tool for asking the same judge who entered a final judgment to take a fresh look at it before anyone appeals. A party can ask the court to change part of the judgment, or scrap it and enter a different one, but the motion has to be served no later than 10 days after the judgment is entered.
This is a short window, and the rule does not describe any way to extend it. Parties use this motion to point out legal or factual errors the court can still fix on its own, without the delay and cost of an appeal. It is a different remedy from CR 60.02, which addresses grounds like fraud, mistake, or newly discovered evidence and runs on its own separate time limits.
Frequently Asked Questions
How long do I have to file a motion to alter, amend, or vacate a judgment in Kentucky?
The motion must be served not later than 10 days after entry of the final judgment.
What's the difference between a CR 59.05 motion and a CR 60.02 motion in Kentucky?
A CR 59.05 motion is a short-fuse request asking the trial court to alter, amend, or vacate its own final judgment within 10 days of entry. A CR 60.02 motion addresses different grounds, such as fraud, mistake, or newly discovered evidence, and follows its own separate time limits.
Can I ask the same court that entered judgment to change its own decision?
Yes. CR 59.05 lets a party ask the trial court to alter or amend the judgment, or vacate it and enter a new one, as long as the motion is served within 10 days of entry.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 59.05). 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 59.05motion to alter amend or vacate Kentucky10 day deadline to change a judgmentask court to reconsider judgment Kentuckymotion to vacate judgment Kentucky civil procedure