A motion under this article shall be made before the judge who presided at the trial within fifteen days after decision, verdict or discharge of the jury. The court shall have no power to grant relief after argument or submission of an appeal from the final judgment.
R 4405.Time and judge before whom post-trial motion made
Article 44. Trial Motions · Last amended 1965 · Last verified July 21, 2026
In one sentenceA post-trial motion under article 44 must go before the judge who presided at trial, filed within fifteen days after the decision, verdict, or jury discharge, and the trial court loses its power to grant relief once an appeal from the final judgment is argued or submitted.
Full Text of CPLR 4405
Plain-English Summary
CPLR 4405 answers two practical questions about post-trial motions: who hears them, and how long a party has to bring one. The answer to the first is simple: the judge who presided at trial, not some other judge on the same bench, decides the motion.
The fifteen-day clock runs from the decision, the verdict, or the discharge of the jury, whichever applies. The second sentence draws a firm outer boundary on the other end: once an appeal from the final judgment has been argued or submitted, the trial court no longer has the power to grant relief on a post-trial motion, even if the fifteen days have not run out. That keeps the trial court and the appellate court from acting on the same case at the same time.
Frequently Asked Questions
Which judge decides a post-trial motion in New York?
CPLR 4405 requires the motion to be made before the judge who presided at the trial.
How long do I have to file a post-trial motion under article 44?
Fifteen days after the decision, verdict, or discharge of the jury.
Can the trial court still rule on a post-trial motion after an appeal has been argued?
No. CPLR 4405 cuts off the trial court's power to grant relief once an appeal from the final judgment has been argued or submitted.
Where did CPLR 4405's rule about which judge decides a post-trial motion come from?
The first sentence restates former Rule of Civil Practice 60-a, carrying forward the same requirement that the trial judge, not another judge on the same court, decides the motion.
Does CPLR 4405 measure the trial court's loss of power from the notice of appeal?
No. Unlike former practice, which measured a twenty-day period from the notice of appeal, CPLR 4405 cuts off the trial court's power once an appeal from the final judgment is argued or submitted, not from a fixed number of days after notice of appeal.
Advisory Committee Notes
The first sentence of this rule is a restatement of RCP 60-a. The second sentence provides that the trial court’s jurisdiction over the motion is terminated when an appeal is argued or submitted. The provision of CPA § 573 that the trial court might have retained jurisdiction of a motion for new trial for twenty days after notice of appeal is analogous, but there does not appear to be substantial justification for the specific period of time set forth nor for measuring it from the notice of appeal.
Amendment History
Formerly § 4405, add, L 1962, ch 308; amd, L 1962, ch 315, § 1; L 1965, ch 673, eff July 2, 1965.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: deadline for post-trial motion New Yorkfifteen days after verdict motionpost-trial motion before trial judgewhen trial court loses jurisdiction on appeal