Rule 59.New Trials: Amendment of Judgments

Part VII. Judgment · Last verified September 4, 2026

In one sentenceRule 59 allows a new trial on the grounds for which rehearings were granted in equity, and sets a 10-day deadline for a new-trial motion and for a motion to alter or amend a judgment.

Full Text of Rule 59

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Grounds. 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 reasons for which rehearings have heretofore been granted in suits in equity in the courts of the Commonwealth. On a motion for a new trial, the court 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 direct the entry of a new judgment.

(b) Time for Motion. A motion for a new trial shall be served not later than 10 days after the entry of judgment. (Identical to Mass.R.Civ.P. 59(b))

(c) Time for Serving Affidavits. When a motion for new trial is based upon affidavits they shall be served with the motion. The opposing party has 10 days after such 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. (Identical to Mass.R.Civ.P. 59(c))

(d) On Initiative of Court. 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. (Identical to Mass.R.Civ.P. 59(d))

(e) Motion to Alter or Amend a Judgment. A motion to alter or amend the judgment shall be served not later than 10 days after entry of the judgment. (Identical to Mass.R.Civ.P. 59(e))

End

Plain-English Summary

Rule 59's opening subsection is the one that differs from the civil version, and the difference is in what it does not say.

The grounds

A new trial may be granted to all or any of the parties, on all or part of the issues, for any of the reasons for which rehearings have heretofore been granted in suits in equity in the courts of the Commonwealth. There is no separate jury-verdict branch — consistent with the deletion of Rule 38 and Rules 47 through 50 from this ruleset.

On a new-trial motion the court has broad powers: it may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new ones, and direct the entry of a new judgment.

The clocks

Three deadlines, and all of them are short:

10 days after entry of judgment to serve a motion for a new trial (subsection (b));
10 days after entry of judgment for the court, on its own initiative, to order a new trial for any reason for which it could have granted one on motion (subsection (d));
10 days after entry of judgment to serve a motion to alter or amend the judgment (subsection (e)).

Rule 6(b) expressly bars the court from extending the time for acting under Rule 59(b), (d) and (e). Rule 52(b) sets the same 10 days for a motion to amend findings, and allows it to be made together with a Rule 59 motion.

Affidavits

Where a new-trial motion is based on affidavits, they are served with the motion. The opposing party then has 10 days to serve opposing affidavits, extendable by up to 20 further days either by the court for good cause or by written stipulation of the parties. The court may permit reply affidavits. Rule 6(c)'s general rule that opposing affidavits are due one business day before the hearing expressly excepts Rule 59(c).

On the court's own initiative

Subsection (d) also lets the court, after notice and an opportunity to be heard, grant a timely-served motion for a reason not stated in the motion. In either case the court must specify the grounds in the order.

Frequently Asked Questions

How long do I have to move for a new trial?

The motion shall be served not later than 10 days after the entry of judgment. Rule 6(b) bars the court from extending that time.

How long do I have to move to alter or amend a judgment?

Also 10 days after entry of the judgment, under Rule 59(e), and that period cannot be extended either.

When are opposing affidavits due on a new-trial motion?

Within 10 days after service of the motion and its supporting affidavits, extendable for a further period not exceeding 20 days by the court for good cause or by written stipulation of the parties. The court may permit reply affidavits. Rule 6(c)'s general one-business-day rule expressly excepts Rule 59(c).

Can the court order a new trial on its own?

Rule 59(d) allows it not later than 10 days after entry of judgment, for any reason for which the court might have granted a new trial on a party's motion. The court may also grant a timely-served motion for a reason not stated in it, after giving the parties notice and an opportunity to be heard. In either case the order must specify the grounds.

What are the grounds for a new trial?

Rule 59(a) refers to any of the reasons for which rehearings have heretofore been granted in suits in equity in the courts of the Commonwealth.

Source & verification. Rule text reproduced verbatim from the Massachusetts Rules of Domestic Relations Procedure as published by the Massachusetts Trial Court Law Libraries, current through amendments effective May 1, 2010. Promulgated by the Supreme Judicial Court of Massachusetts. Last verified September 4, 2026. · Official text

Also known as: new trialmotion for new trialmotion to alter or amend10 days after judgmentrehearing