Rule 59.New Trial; Altering or Amending a Judgment

Enacted effective October 1, 2011 · Last amended July 1, 2017 · Last verified June 26, 2026

In one sentenceRule 59 governs motions for a new trial and motions to alter or amend a judgment — both due within 28 days of entry — and includes Montana's distinctive requirement to state the 60-day and 120-day deadline dates in the motion, with the motion deemed denied if not timely decided.

Full Text of Rule 59

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

(a) In General.

(1) Grounds for New Trial. The court may, on motion, grant a new trial on all or some of the issues -- and to any party -- as follows:

(A) after a jury trial, for any reason for which a new trial has heretofore been granted in an action at law in Montana state court; or

(B) after a nonjury trial, for any reason for which a rehearing has heretofore been granted in a suit in equity in Montana state court.

(2) Further Action after a Nonjury Trial. After a nonjury trial, the court may, on motion for a new trial, 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.

(b) Time to File a Motion for a New Trial. A motion for a new trial must be filed no later than 28 days after the entry of judgment. The motion for a new trial must set forth, in the heading of the motion and under the cause number and department identification, the date which is 60 days from the date of the filing of the motion, and the date which is 120 days from the date of filing of the motion.

(c) Time to Serve Affidavits. When a motion for a new trial is based on affidavits, they must be filed with the motion. The opposing party has 14 days after being served to file opposing affidavits. The court may permit reply affidavits.

(d) New Trial on the Court’s Initiative or for Reasons not in the Motion. No later than 28 days after the entry of judgment, the court, on its own, may order a new trial for any reason that would justify granting one on a party’s motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion. In either event, the court must specify the reasons in its order.

(e) Motion to Alter or Amend a Judgment. A motion to alter or amend a judgment must be filed no later than 28 days after the entry of the judgment.

(f) Motion Deemed Denied. If the court does not address in a written order a motion for a new trial properly filed according to Rule 59(b), or a motion to alter or amend a judgment properly filed according to Rule 59(e), within 60 days from its filing date, the motion must be deemed denied. If the court issues an order within the 60 days extending the time within which to rule on the motion, the time for ruling may be extended, but if the motion is not ruled upon within 120 days from its filing date, it will be deemed denied.

End

Plain-English Summary

Rule 59 is the principal post-trial rule, and its deadlines are unforgiving. A motion for a new trial — available after a jury trial on grounds historically allowed in actions at law, or after a bench trial on grounds historically allowed in equity — must be filed no later than 28 days after entry of judgment. The same 28-day limit governs a motion to alter or amend the judgment.

Two Montana features stand out. First, the new-trial motion must state in its heading the date 60 days out and the date 120 days out from filing. Second, if the court does not rule in a written order within 60 days, the motion is deemed denied — though a timely order can extend the deadline to 120 days, after which denial is automatic. These automatic-denial timelines protect the right to appeal from being stranded by an undecided motion.

Frequently Asked Questions

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

No later than 28 days after entry of judgment. The same 28-day deadline applies to a motion to alter or amend the judgment.

What happens if the court doesn't rule on my new-trial motion?

It is deemed denied if not ruled on within 60 days of filing (extendable to 120 days by a timely order). Montana also requires you to state those 60- and 120-day dates in the motion itself.

Source & verification. Reproduced verbatim from the Montana Code Annotated as published by the State Law Library of Montana and the Montana Legislature. Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. · Official text

Also known as: new trialmotion for new trialalter or amend judgmentreconsideration