On motion for a new trial in an action tried without a jury, the court may grant a new trial or it may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and enter a new judgment.
Rule 59.07.Proceedings in lieu of new trial.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 59.07 gives a Kentucky trial court, faced with a new-trial motion after a case tried without a jury, options beyond granting or denying a new trial: it can reopen the judgment, take more testimony, amend or make new findings and conclusions, and enter a new judgment.
Full Text of Rule 59.07
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
CR 59.07 applies when a case was tried by a judge alone, with no jury, and a party moves for a new trial. Instead of the all-or-nothing choice of granting or denying that motion, the rule gives the court a range of options: it can open the existing judgment, hear more testimony, amend its findings of fact and conclusions of law, or make new findings and conclusions, then enter a new judgment.
This gives the trial court room to fix a bench-trial decision without redoing the entire case. A court that finds a problem with its own findings can correct or expand the record and enter an updated judgment, rather than starting over with a full new trial.
Frequently Asked Questions
What happens when I file a motion for a new trial after a bench trial in Kentucky?
The judge is not limited to granting or denying a new trial. Under CR 59.07, the court may instead open the judgment, take additional testimony, amend or make new findings of fact and conclusions of law, and enter a new judgment.
Does CR 59.07 apply to jury trials?
No. It applies to a motion for a new trial in an action tried without a jury.
Can a judge just correct the findings instead of holding a whole new trial?
Yes. The court may amend its findings of fact and conclusions of law, or make new findings and conclusions, and enter a new judgment without granting a full new trial.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 59.07). 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 59.07new trial after bench trial Kentuckyreopen judgment without new trialamend findings of fact Kentucky civil procedureproceedings in lieu of new trial CR 59.07