(a) Grounds. A new trial may be granted to all or any of the parties and on all or part of the issues (1) in an action in which there has been a trial by jury, for any of the reasons for which new trials have heretofore been granted in actions at law in the courts of the State; and (2) in an action tried without a jury, for any of the reasons for which rehearings have heretofore been granted in the courts of the 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
Group VII: Judgment · Last amended April 30, 2026 · Last verified July 13, 2026
In one sentenceRule 59 governs motions for a new trial and motions to alter or amend a judgment, setting a 20-day outer limit measured from discharge of the jury or notice of entry of judgment, and lets the court order a new trial on its own initiative within the same window.
Full Text of Rule 59
(b) Time for Motion. The motion for a new trial shall be made promptly after the jury is discharged, or in the discretion of the court not later than 20 days thereafter. In non-jury actions the motion shall be made not later than 20 days after the receipt of written notice of the entry of judgment or of the filing of an order disposing of the action, if no judgment has been entered.
(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 10 days after such service within which to serve opposing affidavits, which period may be extended for an additional period not exceeding 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 20 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 20 days after receipt of written notice of the entry of the order.
(f) Time for Appeal; End of Term. The time for appeal for all parties shall be stayed by a timely motion under this Rule and shall run from the receipt of written notice of entry of the order granting or denying such motions. The time within which to make the motions under this Rule shall not be affected by the ending of a term of court or departure of the judge from the circuit, and the trial judge shall retain jurisdiction of the action for the purpose of hearing and disposing of such motion if not heard and disposed during the term. Except by consent of the parties, argument on the motion shall be heard in the circuit where the trial was held. The motion may in the discretion of the court be determined on briefs filed by the parties without oral argument.
(g) Judge to be Provided with Copy. A party filing a written motion under this rule shall provide a copy of the motion to the judge within ten (10) days after the filing of the motion.
Notes
Note: This Rule 59 is substantially the Federal Rule. It is consistent with Code § 15-27-150. Rule 59(b) provides that if the motions are not made and heard during the term, the more precise and definite Federal practice of allowing 10 days after the entry of judgment to make the motion is more equitable. Rule 59(f) is added to provide that departure from the circuit does not deprive the trial judge of jurisdiction to rule on motions under this Rule and Rules 50, 52 and 60. It also provides flexibility for the trial judge to determine the motions on briefs without oral argument.
Note to 1986 Amendment: In jury trials, post-trial motions are made promptly at the end of the trial, or at that time the court, upon motion, may grant an additional ten days to make them. These amendments to Rules 59(b) and (e) and (f) conform the language to that of Rules 50 and 52, and provide that the time for appeal commences upon the receipt of written notice of entry of the order disposing of such motions which was prior state practice, rather than the date when the court signed the order which is the practice in the federal courts.
Note to 1998 Amendment: This amendment adds Rule 59(g). It is intended to help insure that the judge is promptly notified that the motion has been filed.
Note to 2026 Amendment: The amendment to paragraph (b) increases the maximum time the court may grant to a party to serve and file a written motion for a new trial from 10 days to 20 days after the jury is discharged. With respect to written orders, the amendment to paragraph (b) similarly increases the time for non-jury actions and is measured from the receipt of written notice of the entry of judgment or of the filing of an order. The amendment to paragraph (e) increases the time a party has to serve and file a written motion to alter or amend from 10 to 20 days of receipt of notice of entry of the order. Paragraph (d) is similarly amended to extend the time the court may order a new trial on its own initiative.
Amendment History
Last amended by Order dated April 30, 2026.
Plain-English Summary
Rule 59 covers two related but distinct requests: a new trial, and a motion to alter or amend a judgment already entered. Grounds for a new trial track whatever grounds South Carolina courts have historically recognized, the traditional bases for a new trial in a jury case, and the traditional bases for a rehearing in a case tried to the court alone. In a non-jury case, granting the motion does not necessarily mean starting over: the court can reopen the existing judgment, take additional evidence, revise its findings and conclusions, or reach new ones, then enter a fresh judgment reflecting the changes.
Timing runs on two tracks. After a jury trial, the motion should be made promptly once the jury is discharged, though the court has discretion to allow up to 20 days. In a case tried without a jury, the deadline is 20 days after receiving written notice that judgment was entered, or that an order disposing of the case was filed if no separate judgment exists. A motion resting on affidavits has to include them with the motion itself; the opposing side then gets 10 days to respond, a window the court can stretch by up to 20 additional days for good cause or by written agreement of the parties, and reply affidavits are allowed too.
The court is not limited to what a party asks for. Within 20 days of the judgment's entry, the court can order a new trial on its own initiative for any reason that would have supported a party's motion, and it can grant a pending motion on a ground nobody raised, so long as the parties get notice and a chance to be heard first; either way, the order has to spell out its grounds. A separate motion to alter or amend a judgment, the closest analog to reconsideration, must be served within 20 days of receiving notice that the order was entered. Filing any of these motions on time stops the appeal clock until the court rules, and neither the end of a court term nor the trial judge's departure from the circuit cuts off the judge's authority to decide it. Whoever files the motion also has to hand the judge a copy within 10 days of filing, and the court can decide the motion on the papers alone without oral argument.
Frequently Asked Questions
How long do I have to move for a new trial after a jury verdict?
The motion should be made promptly once the jury is discharged, though the court has discretion to permit it up to 20 days afterward.
What is the deadline in a case tried without a jury?
Twenty days after receiving written notice of the entry of judgment, or of the filing of an order resolving the case if no judgment was separately entered.
How does a motion to alter or amend a judgment differ from a new trial motion?
It asks the court to revise the existing judgment rather than hold a new trial, and it must be served within 20 days of receiving written notice that the order was entered.
Can the court order a new trial without any party asking for one?
Yes. Within 20 days of the judgment's entry, the court can act on its own initiative for any reason that would support a party's motion, and must state the grounds in its order.
Does filing a Rule 59 motion pause the deadline to appeal?
Yes. A timely motion under Rule 59 stays the time for appeal, which then runs from receipt of written notice of the order deciding the motion.
Does the trial judge lose authority to rule if the term of court ends first?
No. Rule 59(f) preserves the judge's jurisdiction to hear and decide the motion even after the term ends or the judge leaves the circuit, as long as the motion was timely filed.
Is there a deadline for opposing affidavits on a new trial motion?
Ten days after service of the moving affidavits, extendable by up to 20 additional days either by court order for good cause or by the parties' written stipulation.
Source & verification. Rule text, official Notes, and amendment
history are reproduced verbatim from the South Carolina Rules of Civil Procedure,
adopted by the Supreme Court of South Carolina. Last verified July 13, 2026. ·
Official source
Also known as: motion for new trial South Carolinamotion to alter or amend judgment SCRule 59 SCRCP deadlinesRule 59(e) South Carolinanew trial grounds South Carolina