Rule 59.New Trials — Amendment of Judgments.
Current through February 2024 · Last verified September 12, 2026
Full Text of Rule 59
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
Subdivision (a) states the grounds by reference to practice: a new trial may be granted to all or any parties, on all or part of the issues, for any reason new trials have been granted in this state's courts. On the motion the court may open a judgment already entered, take additional testimony, amend its findings and conclusions or make new ones, and direct entry of a new judgment.
Subdivision (b) holds the deadline, and in a divorce it is not where people look. The motion must be served within 10 days after entry of the decision pending entry of final judgment granting a divorce from the bond of marriage. Only where no such decision has been entered in the action does the 10 days run from entry of the judgment. A party who waits for the final judgment months later has already missed the window.
Affidavits carry their own clock under subdivision (c). When the motion is based on affidavits, they are served with the motion. The opposing party then has 10 days after service to serve opposing affidavits, a period the court may extend up to 20 additional days for good cause or the parties may extend by written stipulation. The court may permit reply affidavits.
Subdivision (d) lets the court order a new trial on its own initiative within the same 10 days, and lets it grant a timely motion on a ground the motion never stated, after giving the parties notice and an opportunity to be heard. In either case the order must specify the grounds. Subdivision (e) sets the companion deadline: a motion to alter or amend the judgment is served not later than 10 days after entry of the judgment.
Frequently Asked Questions
How long do I have to move for a new trial in Rhode Island family court?
Ten days. In a divorce from the bond of marriage, subdivision (b) runs those 10 days from entry of the decision pending entry of final judgment, not from the final judgment that follows months later.
When does the ten days start if there was no divorce decision?
From entry of the judgment. Rule 59(b)(2) applies to any other judgment, except where a decision pending entry of final judgment granting a divorce has already been entered in the action.
How do I ask the court to change a judgment without retrying the case?
Subdivision (e) provides a motion to alter or amend the judgment, served not later than 10 days after entry of the judgment. It runs on the same short clock as a new trial motion.
Can the court order a new trial when nobody asked for one?
Yes. Under subdivision (d) the court may do so on its own initiative within the same 10 days, for any reason it could have granted one on a party's motion. It may also grant a timely motion on a ground the motion did not state, after notice and an opportunity to be heard, and it must specify the grounds in the order.
When are affidavits due on a motion for a new trial?
When the motion is based on affidavits, they are served with the motion. The opposing party has 10 days after that service to serve opposing affidavits, extendable by up to 20 more days by the court for good cause or by written stipulation of the parties, and the court may permit reply affidavits.