(a) Grounds. A new trial may be granted to all or any of the parties and on all or part of the issues for error of law occurring at the trial or for any of the reasons for which new trials have heretofore been granted in the courts of this state. On a motion for a new trial in an action tried without a jury, the court 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.
Rule 59.New Trials — Amendment of Judgments.
Current through February 2024 · Last verified July 8, 2026
In one sentenceRule 59 lets a party ask for a new trial or for the court to alter or amend a judgment, both within ten days of entry, and lets the court order a new trial on its own within that same window.
Full Text of Rule 59
(b) Time for Motion. A motion for a new trial shall be served not later than ten (10) days after the entry of the judgment.
(c) Time for Serving Affidavits. When a motion for new trial is based upon affidavits they shall be served with the motion. The opposing party has ten (10) days after such service within which to serve opposing affidavits, which period may be extended for an additional period not exceeding twenty (20) days either by the court for good cause shown or by the parties by written stipulation. The court may permit reply affidavits.
(d) On Initiative of Court. Not later than ten (10) days after entry of judgment the court of its own initiative 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.
(e) Motion to Alter or Amend a Judgment. A motion to alter or amend the judgment shall be served not later than ten (10) days after entry of the judgment.
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
Rule 59 covers two related requests a party can make after judgment: asking for a new trial, or asking the court to alter or amend the judgment it already entered. A new trial can rest on legal error at trial or on any ground Rhode Island courts have historically recognized as grounds for a new trial. In a case tried without a jury, the court can also reopen the judgment, take more evidence, and revise or replace its findings and conclusions instead of holding a full new trial.
Both a motion for a new trial and a motion to alter or amend the judgment must be served no later than ten days after the judgment is entered. If the motion relies on affidavits, the moving party serves them with the motion, and the opposing side then has ten days to respond with its own affidavits — a period the court can extend by up to twenty additional days for good cause, or the parties can extend by written stipulation. The court may also allow reply affidavits.
The court does not need a party’s motion to act. Within the same ten-day window, it can order a new trial on its own initiative for any reason that would have supported a party’s motion. And if a timely motion raises grounds the court did not expect, the court can still grant a new trial for a different reason, so long as it gives the parties notice and a chance to be heard first. Whatever the source of the order, the court must state its grounds.
Frequently Asked Questions
How long do I have to move for a new trial after judgment?
A motion for a new trial must be served no later than ten days after entry of the judgment. A motion to alter or amend the judgment carries the same ten-day deadline.
What happens if my motion for a new trial relies on affidavits?
Affidavits supporting the motion must be served with the motion itself. The opposing party then has ten days to serve opposing affidavits, and that period can be extended up to twenty additional days either by the court for good cause or by written agreement of the parties. The court may also permit reply affidavits.
Can the court order a new trial without either party asking for one?
Yes. Within ten days after entry of judgment, the court can order a new trial on its own initiative for any reason that would have justified granting one on a party’s motion. If it later grants a timely motion on grounds the moving party did not raise, it must first give the parties notice and a chance to be heard, and it must state its grounds in the order either way.
Source & verification. The rule text is reproduced verbatim from the
official Rhode Island Superior Court Rules of Civil Procedure (R.I. Super. Ct. R. Civ. P. 59). Prescribed by the Supreme Court of Rhode Island (R.I. Gen. Laws § 8-6-2). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: motion for new trial rhode islandnew trial deadlinemotion to alter or amend judgment10 day deadline new trial motionamend judgment rhode islandnew trial affidavits rulecourt's own initiative new trialrule 59 civil procedure