Current through May 1, 2026 · Last verified July 6, 2026
In one sentenceRule 2.611 lists the grounds for granting a new trial or amending a judgment in a Michigan civil case -- from procedural irregularities and jury misconduct to excessive or inadequate damages and newly discovered evidence -- and sets the 21-day deadline, affidavit requirements, and remittitur/additur mechanism that go with a motion raising them.
(1)A new trial may be granted to all or some of the parties, on all or some of the issues, whenever their substantial rights are materially affected, for any of the following reasons:
(a)Irregularity in the proceedings of the court, jury, or prevailing party, or an order of the court or abuse of discretion which denied the moving party a fair trial.
(b)Misconduct of the jury or of the prevailing party.
(c)Excessive or inadequate damages appearing to have been influenced by passion or prejudice.
(d)A verdict clearly or grossly inadequate or excessive.
(e)A verdict or decision against the great weight of the evidence or contrary to law.
(f)Material evidence, newly discovered, which could not with reasonable diligence have been discovered and produced at trial.
(g)Error of law occurring in the proceedings, or mistake of fact by the court.
(h)A ground listed in MCR 2.612 warranting a new trial.
(2)On a motion for a new trial in an action tried without a jury, the court may
(a)set aside the judgment if one has been entered,
(b)take additional testimony,
(c)amend findings of fact and conclusions of law, or
(d)make new findings and conclusions and direct the entry of a new judgment.
(B)Time for Motion. A motion for a new trial made under this rule or a motion to alter or amend a judgment must be filed and served within 21 days after entry of the judgment.
(C)On Initiative of Court. Within 21 days after entry of a judgment, the court on its own initiative may order a new trial for a reason for which it might have granted a new trial on motion of a party. The order must specify the grounds on which it is based.
(1)If the facts stated in the motion for a new trial or to amend the judgment do not appear on the record of the action, the motion must be supported by affidavit, which must be filed and served with the motion.
(2)The opposing party has 21 days after service within which to file and serve opposing affidavits. The period may be extended by the parties by written stipulation for 21 additional days, or may be extended or shortened by the court for good cause shown.
(3)The court may permit reply affidavits and may call and examine witnesses.
(1)If the court finds that the only error in the trial is the inadequacy or excessiveness of the verdict, it may deny a motion for new trial on condition that within 14 days the nonmoving party consent in writing to the entry of judgment in an amount found by the court to be the lowest (if the verdict was inadequate) or highest (if the verdict was excessive) amount the evidence will support.
(2)If the moving party appeals, the agreement in no way prejudices the nonmoving party's argument on appeal that the original verdict was correct. If the nonmoving party prevails, the original verdict may be reinstated by the appellate court.
(F)Ruling on Motion. In ruling on a motion for a new trial or a motion to amend the judgment, the court shall give a concise statement of the reasons for the ruling, either in an order or opinion filed in the action or on the record.
(G)Notice of Decision. The clerk must notify the parties of the decision on the motion for a new trial, unless the decision is made on the record while the parties are present.
Amendment History
Michigan tracks the orders that adopt and amend its Court Rules in a separate administrative record rather than printing a history note beneath each rule in the compiled rules text reproduced here. The text above is verified current through the source’s own May 1, 2026 update; for the full order-by-order history of this rule, see the Michigan Supreme Court’s rules and orders page.
Plain-English Summary
A new trial can be granted to all or some parties, on all or some issues, whenever a party's substantial rights were materially affected by one of several listed problems: irregularities in the proceedings or an abuse of discretion that denied a fair trial, misconduct by the jury or the prevailing party, damages that look excessive or inadequate because of passion or prejudice, a verdict clearly against the great weight of the evidence or contrary to law, newly discovered evidence that couldn't have been found and used at trial with reasonable diligence, legal error in the proceedings, or any ground listed in Rule 2.612. In a bench trial, the court has extra options on a new-trial motion: it can set aside an existing judgment, take more testimony, amend its findings and conclusions, or make new ones and enter a new judgment altogether.
A motion for a new trial, or to alter or amend the judgment, has to be filed and served within 21 days after judgment, and the court can order a new trial on its own initiative within that same 21 days, stating its grounds. If the supporting facts aren't already part of the record, the motion needs a supporting affidavit, and the opposing party gets 21 days to respond with its own affidavits (extendable by written stipulation or the court for good cause), with reply affidavits and live witness testimony allowed at the court's discretion. Where the only real problem is that the verdict itself was too high or too low, the court has a middle path: deny the new-trial motion on the condition that the losing party accepts, within 14 days, a judgment adjusted to the lowest or highest amount the evidence would support — remittitur or additur — without giving up the right to argue on appeal that the original verdict was correct after all. Whatever the ruling, the court has to give a concise statement of its reasons, and the clerk has to notify the parties of the decision unless it was announced on the record with everyone present.
Frequently Asked Questions
What are the grounds for a new trial in a Michigan civil case?
Among others: procedural irregularities or an abuse of discretion denying a fair trial, jury or prevailing-party misconduct, damages influenced by passion or prejudice, a verdict against the great weight of the evidence, newly discovered evidence, and legal error during the proceedings.
How long do I have to move for a new trial?
The motion must be filed and served within 21 days after entry of judgment; the court can also order a new trial on its own initiative within that same window.
What is remittitur or additur?
A middle-ground option where the court denies a new-trial motion on condition that the nonmoving party accept, within 14 days, a judgment adjusted to the lowest amount the evidence supports (if the verdict was inadequate) or the highest amount it supports (if the verdict was excessive).
Do I need an affidavit to support a new-trial motion?
Only if the facts you're relying on don't already appear in the record; if they don't, the motion must be supported by affidavit, and the opposing party then gets 21 days to file opposing affidavits.
Source & verification. The rule text is reproduced verbatim from the
official Michigan Court Rules (MCR 2.611). Prescribed by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as:motion for new trial Michiganremittitur additur Michiganamend judgment Michigan civil case