59.01Grounds 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 following causes:
aIrregularity in the proceedings of the court, referee, jury, or prevailing party, or any order or abuse of discretion, whereby the moving party was deprived of a fair trial;
bMisconduct of the jury or prevailing party;
cAccident or surprise which could not have been prevented by ordinary prudence;
dMaterial evidence newly discovered, which with reasonable diligence could not have been found and produced at the trial;
eExcessive or insufficient damages, appearing to have been given under the influence of passion or prejudice;
fErrors of law occurring at the trial, and objected to at the time or, if no objection need have been made pursuant to Rules 46 and 51, plainly assigned in the notice of motion;
gThe verdict, decision, or report is not justified by the evidence, or is contrary to law; but, unless it be so expressly stated in the order granting a new trial, it shall not be presumed, on appeal, to have been made on the ground that the verdict, decision, or report was not justified by the evidence.
On a motion for a new trial in an action tried without a jury, 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 entry of a new judgment.
59.02Basis of Motion A motion made pursuant to Rule 59.01 shall be made and heard on the files, exhibits, and minutes of the court. Pertinent facts that would not be a part of the minutes may be shown by affidavit. A full or partial transcript of the court reporter’s notes may be used on the hearing of the motion.
59.03Time for Motion A notice of motion for a new trial shall be served within 30 days after a general verdict or service of notice by a party of the filing of the decision or order; and the motion shall be heard within 60 days after such general verdict or notice of filing, unless the time for hearing be extended by the court within the 60-day period for good cause shown.
59.04Time for Serving Affidavits When a motion for a new trial is based upon affidavits, they shall be served with the notice of motion. The opposing party shall have 14 days after such service in which to serve opposing affidavits, which period may be extended by the court pursuant to Rule 59.03. The court may permit reply affidavits. Except as limited by Rule 59.03, the deadlines for serving any permitted affidavits may be established or modified by order under Minn. Gen. R. Prac. 115.01(c).
59.05On Initiative of Court Not later than 14 days after a general verdict or the filing of the decision or order, the court upon 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.
59.06Stay of Entry of Judgment A stay of entry of judgment pursuant to Rule 58 shall not be construed to extend the time within which a party may serve a motion hereunder.
Advisory Committee Comments
Advisory Committee Comment--2000 Amendments
The single purpose of the amendment of this Rule 59.03 in 2000 is to create a longer and more reasonable period in which to hear post-trial motions. At the time this rule was adopted, post-trial motions were often heard in a somewhat perfunctory manner and court assignment practices permitted the scheduling of cases in this manner. This amendment will also reduce, although not eliminate, the potential consequences of failing to have a post-trial motion heard in a timely manner. The change in Rule 59 will serve to extend the deadline for other post-trial motions as well, because the current rules specifically tie the deadlines for those motions to Rule 59. See MINN. R. CIV. P. 50.02(c) (judgment notwithstanding the verdict); 52.02 (motion for amended findings). It will also have an indirect impact on Rule 60.02(b), which allows for relief from an order or judgment on the grounds of newly discovered evidence which could not have been discovered in time to move for a new trial. This latter impact will be negligible.
Advisory Committee Comment--2021 Amendments
Rule 59.04 is amended to specify that the deadlines for service of affidavits relating to a motion for a new trial may be modified by order of the court. The deadlines contained
in Rule 59.04 are presumptively appropriate while the deadlines in Rule 59.03 are controlling.
Advisory Committee Comment—2020 Amendments
Rules 59.04 and 59.05 are amended as part of the extensive amendments made to the timing provisions of the rules. These amendments implement the adoption of a standard “day” for counting deadlines under the rules—counting all days regardless of the length of the period and standardizing the time periods, where practicable, to a 7-, 14-, 21- or 28-day schedule. The only change to Rule 59.04 changes the 10-day period for serving opposing affidavits to 14 days. The only change to Rule 59.05 changes the 15-day period for issue a court initiated new trial to 14 days. These changes affect only the time limits, and are not intended to have any other effect.
Amendment History
(Amended effective July 1, 2021.)
(Amended effective January 1, 2020.)
Plain-English Summary
Rule 59 lets a court grant a new trial to any party, on all or part of the issues, for a specific set of reasons. Those grounds include irregularities in the proceedings that deprived a party of a fair trial, misconduct by the jury or the prevailing party, accident or surprise that ordinary prudence could not have prevented, newly discovered material evidence that reasonable diligence could not have found earlier, excessive or insufficient damages suggesting passion or prejudice, errors of law that were properly objected to or did not need an objection, and a verdict, decision, or report that the evidence does not justify or that is contrary to law. In a case tried without a jury, the court can also open an already-entered judgment, take more testimony, amend or make new findings and conclusions, and direct entry of a new judgment.
A new trial motion has to be made and heard based on the court’s files, exhibits, and minutes, though facts not reflected in the minutes can be shown by affidavit, and a full or partial transcript can be used at the hearing. If the motion relies on affidavits, they must be served with the notice of motion, and the opposing party then has 14 days to serve opposing affidavits, a period the court can extend. The court may also allow reply affidavits.
Timing is strict. The notice of motion for a new trial must be served within 30 days after a general verdict, or within 30 days after a party serves notice of the filing of the decision or order being challenged, and the motion must be heard within 60 days after that verdict or notice of filing, unless the court extends the hearing deadline within that 60-day window for good cause. A court can also order a new trial on its own initiative, without waiting for a party’s motion, but only within 14 days after a general verdict or the filing of the decision or order, and it must specify its grounds. If the parties’ own timely motion raises different grounds than the court later relies on, the court can still grant a new trial for a different reason after giving notice and a chance to be heard, but must specify the grounds in the order either way. A stay of entry of judgment does not extend the deadline for serving a new trial motion.
Frequently Asked Questions
What are the grounds for asking for a new trial in Minnesota?
The grounds include irregularity in the proceedings depriving a party of a fair trial, jury or prevailing-party misconduct, accident or surprise, newly discovered material evidence, excessive or insufficient damages suggesting passion or prejudice, errors of law, and a verdict, decision, or report not justified by the evidence or contrary to law.
How long do I have to ask for a new trial after losing?
The notice of motion must be served within 30 days after a general verdict or after service of notice of the filing of the decision or order, and the motion must be heard within 60 days after that verdict or notice, unless the court extends the hearing deadline within that 60-day period for good cause.
Can the judge order a new trial without anyone asking for one?
Yes, the court may order a new trial on its own initiative, for any reason it could have granted one on a party’s motion, but only within 14 days after a general verdict or the filing of the decision or order, and it must specify the grounds.
If I use affidavits to support my new trial motion, when does the other side get to respond?
Affidavits supporting the motion must be served with the notice of motion, and the opposing party has 14 days after that service to serve opposing affidavits, a period the court may extend.
Does asking the court to pause entry of judgment give me more time to file a new trial motion?
No, a stay of entry of judgment is not construed to extend the time within which a party may serve a new trial motion.
Source & verification. The rule text and Advisory Committee Comments are reproduced verbatim from the
official Minnesota Rules of Civil Procedure (Minn. R. Civ. P. 59). Prescribed by the Supreme Court of Minnesota (Minn. Stat. § 480.051). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Advisory Committee Comment--2000 Amendments
The single purpose of the amendment of this Rule 59.03 in 2000 is to create a longer and more reasonable period in which to hear post-trial motions. At the time this rule was adopted, post-trial motions were often heard in a somewhat perfunctory manner and court assignment practices permitted the scheduling of cases in this manner. This amendment will also reduce, although not eliminate, the potential consequences of failing to have a post-trial motion heard in a timely manner. The change in Rule 59 will serve to extend the deadline for other post-trial motions as well, because the current rules specifically tie the deadlines for those motions to Rule 59. See MINN. R. CIV. P. 50.02(c) (judgment notwithstanding the verdict); 52.02 (motion for amended findings). It will also have an indirect impact on Rule 60.02(b), which allows for relief from an order or judgment on the grounds of newly discovered evidence which could not have been discovered in time to move for a new trial. This latter impact will be negligible.