(a) New trial-defined. A new trial is a re-examination of an issue of fact in the same court, after a trial and decision by a jury, court, or referee.
Rule 59.New Trial; Amending a Judgment
Group VII: Judgment · Last amended March 1, 2021 · Last verified July 15, 2026
In one sentenceRule 59 lets a party ask the court to order a new trial or to alter or amend a judgment on specific grounds such as jury misconduct, newly discovered evidence, or legal error, sets deadlines running from notice of entry of judgment, and lets the court order a new trial on its own.
Full Text of Rule 59
(b) Grounds for new trial. The court may, on motion of an aggrieved party, vacate the former verdict or decision and grant a new trial on any of the following grounds materially affecting the substantial rights of the party:
(1) irregularity in the proceedings of the court, jury, or adverse party, or any court order or abuse of discretion that prevented a party from having a fair trial;
(2) jury misconduct, and if a juror has been induced to assent to any general or special verdict or to a finding on any question submitted to the jurors arrived at by chance, the misconduct may be proven by a juror's declaration;
(3) accident or surprise that ordinary prudence could not have guarded against;
(4) newly discovered evidence material to the moving party, which could not, with reasonable diligence, have been discovered and produced at the trial;
(5) excessive damages appearing to have been awarded under the influence of passion or prejudice, but when a new trial is requested on this ground and it appears that the passion or prejudice affected only the amount of damages awarded and did not influence the jury's findings on other issues in the case, the district court, on hearing the motion, and the supreme court, on appeal, may order a reduction of the verdict instead of a new trial or order that a new trial be had unless the prevailing party remits the excess damages;
(6) insufficient evidence to justify the verdict or other decision, or that the verdict is against the law;
(7) errors in law occurring at trial and, when required, objected to by the moving party; or
(8) if the aggrieved party, through no fault or negligence of that party, is unable to obtain a correct and complete transcript of the testimony and instructions given and proceedings had at trial.
(c) Time to file a motion for a new trial. A motion for a new trial must be served and filed no later than the following time after notice of entry of judgment:
(1) On the ground of newly discovered evidence, within six months; and
(2) On any other ground, within 60 days, unless the court, for good cause shown, extends the time.
(d) On what motion for new trial made. A motion for a new trial may be made on the files, exhibits, and minutes of the court. Relevant facts not in the minutes may be shown by declaration. Either party may obtain a complete or partial transcript of the proceedings for use on the hearing of the motion.
(e) [Reserved for future use].
(f) Memorandum of decision on motion for new trial. With all orders granting or denying a new trial, the court must file a written memorandum concisely stating the different grounds on which the ruling is based.
Unless the insufficiency or unsatisfactory nature of the evidence is expressly stated in the memorandum as a reason for granting the new trial, it must be presumed, on appeal, that it was not on that ground.
(g) Jury verdict vacated by court. The court in which the action is pending, on its own motion, may vacate the jury's verdict and grant a new trial if the jury has plainly disregarded the court's instructions or the evidence in the case is such that it convinces the court the verdict was rendered under a misapprehension of the instructions or under the influence of passion or prejudice.
(h) On trial to the court. In granting a new trial in an action tried without a jury, the court, without vacating the entered judgment, may limit the trial to one or more issues or take additional testimony on one or more issues and must confirm or amend the findings of fact and conclusions of law or make new findings and conclusions. If a judgment has been entered, the court may vacate it and enter a new judgment or may amend it to conform to the findings of fact and conclusions of law finally made by the court.
(i) New trial on the court's initiative or for reasons not in the motion. No later than 28 days after notice of 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.
(j) Motion to alter or amend a judgment. A motion to alter or amend a judgment must be served and filed no later than 28 days after notice of entry of the judgment.
Explanatory Note
Rule 59 was amended, effective January 1, 1979; September 1, 1983; March 1, 1997; March 1, 1998; March 1, 2011; March 1, 2021.
Subdivision (e) was repealed, effective March 1, 1997. Subdivision (i) was amended, effective March 1, 2011, to increase the time for a court to order a new trial on its own from 15 to 28 days after notice of entry of judgment. Subdivision (j) was amended, effective March 1, 2011, to increase the time to file a motion to alter or amend a judgment from 15 to 28 days after notice of entry of judgment.
Rule 59 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Rule 59 was amended, effective March 1, 2021, to delete the term "affidavit" and replace it with "declaration." This amendment was made in response to N.D.C.C. ch. 31-15, which allows anyone to make an unsworn declaration that has the same effect as a sworn declaration, such as an affidavit. N.D.C.C. § 31-15-05 provides the required form for an unsworn declaration.
Plain-English Summary
Rule 59(a) defines a new trial as a re-examination of a fact issue in the same court after a trial and decision by a jury, the court, or a referee. Rule 59(b) then lists the grounds that let a court vacate a verdict or decision and grant one: irregularity in the proceedings or an abuse of discretion that denied a fair trial; jury misconduct, which a juror's own declaration may prove; accident or surprise ordinary prudence could not have guarded against; newly discovered evidence that reasonable diligence could not have turned up in time for trial; excessive damages awarded under passion or prejudice, where the court may order a reduced verdict or a remittitur instead of a full new trial if only the damages figure was affected; insufficient evidence or a verdict against the law; unobjected-to or objected-to errors of law; and an aggrieved party's inability, through no fault of its own, to get a correct and complete trial transcript.
Timing depends on the ground. A motion for a new trial based on newly discovered evidence must be served and filed within six months of notice of entry of judgment. Every other ground carries a 60-day deadline from that same notice, though the court can extend it for good cause. The motion can rest on the files, exhibits, and minutes of the court, with a declaration covering any relevant facts the minutes don't capture, and either side may get a transcript for the hearing.
Rule 59(f) requires the court to file a written memorandum stating the grounds for granting or denying a new trial, and if that memorandum doesn't say the evidence was insufficient or unsatisfactory, an appeal presumes that wasn't the ground. Rule 59(g) lets the court vacate a jury verdict on its own if the jury plainly disregarded the instructions or the verdict looks like it came from a misapprehension of the instructions or from passion or prejudice. Rule 59(i) gives the court a further tool: within 28 days of notice of entry of judgment, it may order a new trial on its own for any reason that would support a party's motion, and after notice and a chance to be heard, it may grant a timely party motion on a ground the motion itself didn't state — either way, the court must spell out its reasons.
Rule 59(h) covers a new trial after a case tried without a jury: the court can limit the new trial to particular issues or take more testimony on them, then confirm, amend, or replace its findings and conclusions, and it may vacate an entered judgment and enter a new one or amend the existing judgment to match. Rule 59(j) sets a separate 28-day deadline, again from notice of entry of judgment, for a motion to alter or amend the judgment itself.
Frequently Asked Questions
What grounds can support a motion for a new trial in North Dakota?
Rule 59(b) lists eight: irregularity or an abuse of discretion denying a fair trial, jury misconduct, accident or surprise, newly discovered evidence, excessive damages from passion or prejudice, insufficient evidence or a verdict against the law, legal error, and an aggrieved party's inability to obtain a correct and complete transcript through no fault of its own.
How long do I have to move for a new trial after judgment is entered?
Six months from notice of entry of judgment if the ground is newly discovered evidence, or 60 days from that same notice for any other ground, though the court may extend the 60-day period for good cause shown.
Can the court order a new trial without either party asking for one?
Yes. Rule 59(i) lets the court, on its own, order a new trial within 28 days of notice of entry of judgment for any reason that would justify granting one on a party's motion, as long as it states its reasons in the order.
What happens if the jury's damages award looks like it came from passion or prejudice?
Rule 59(b)(5) lets the court order a reduced verdict, or a new trial unless the prevailing party remits the excess, when passion or prejudice affected only the damages figure and not the jury's other findings.
How long do I have to file a motion to alter or amend the judgment?
Rule 59(j) requires that motion to be served and filed no later than 28 days after notice of entry of the judgment.
Source & verification. Rule text and the Explanatory Note are
reproduced verbatim from the North Dakota Rules of Civil Procedure, adopted by the
Supreme Court of North Dakota. Last verified July 15, 2026.
· Official source
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