(a) Grounds of Motion. A new trial may be granted to all or any of the parties and as to all or part of the issues on motion made to the trial judge. On a motion for a new trial in an action tried without a jury, the trial judge 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. The trial judge shall grant the motion if, having given due regard to the opportunity of the jury to pass upon the credibility of the witnesses, it clearly and convincingly appears that there was a miscarriage of justice under the law.
Rule 4:49-1.Motion for New Trial
Last amended September 1, 1998 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:49-1 lets a trial judge grant a new trial when it clearly and convincingly appears there was a miscarriage of justice, on a motion served within 20 days of the verdict or the court's conclusions, and preserves the right to appeal regardless of how the motion comes out.
Full Text of Rule 4:49-1
(b) Time for Motion, Cross-Motion; Affidavits. A motion for a new trial shall be served not later than 20 days after the court’s conclusions are announced in nonjury actions or after the return of the verdict of the jury. The motion shall be noticed for hearing and argued no later than the second regular motion day following the service thereof, unless the court for good cause shown orders the hearing fixed for either an earlier or a later date. The opposing party may, within 10 days after service of the motion, serve a cross-motion for a new trial returnable at the same time and place as the motion. If a motion for a new trial is based upon affidavits they shall be served with the motion; opposing affidavits shall be served within 10 days thereafter which period may be extended for an additional period not exceeding 20 days either by written stipulation of the parties or court order. The court may permit reply affidavits. Except in special circumstances the motion shall be decided by the judge on trial notes without awaiting a transcript of the testimony.
(c) On Initiative of Court. Not later than 20 days after entry of judgment the court on its own motion 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.
(d) Motion for New Trial as Not Barring Appeal. A motion for a new trial or any action or adverse determination on the motion shall not bar an appeal or the review of any matter on appeal.
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 4:61-1(a), 4:61-2, 4:61-3, 4:61-4, 4:61-5. Paragraph (a) amended July 7, 1971 to be effective September 13, 1971; paragraph (b); amended July 13, 1994 to be effective September 1, 1994; paragraphs (b) and (c); amended July 10, 1998 to be effective September 1, 1998.
Plain-English Summary
A new trial is not granted lightly. The trial judge must find, with due regard for the jury's chance to judge witness credibility, that it clearly and convincingly appears there was a miscarriage of justice under the law — and in a non-jury case, the judge can instead reopen the judgment, take more testimony, or revise the findings and conclusions rather than starting over.
The motion has its own tight clock: served within 20 days of the verdict or the court's announced conclusions, argued by the second regular motion day after that unless the court orders otherwise for good cause, with an opposing cross-motion allowed within 10 days and any affidavits following their own short windows. The court can also order a new trial on its own initiative within 20 days of judgment, for any reason it could have granted one on a party's motion. Whatever happens on the motion, it never blocks an appeal.
Frequently Asked Questions
What must a party show to win a new trial in New Jersey?
That, giving due regard to the jury's opportunity to judge witness credibility, it clearly and convincingly appears there was a miscarriage of justice under the law.
How long does a party have to move for a new trial?
The motion must be served within 20 days after the court's conclusions are announced or the jury's verdict is returned.
Can a court order a new trial without anyone asking for one?
Yes, within 20 days of judgment, for any reason that would have justified granting a party's own motion, after giving the parties notice and a chance to be heard.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:49-1). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: motion for new trialmiscarriage of justice standardnew trial deadlineagainst the weight of the evidence20 days to move for new trial