59.01 Motions Included. Motions to which this rule is applicable are: (1) under Rule 50.02 for judgment in accordance with a motion for a directed verdict; (2) under Rule 52.02 to amend or make additional findings of fact, whether or not an alteration of the judgment would be required if the motion is granted; (3) under Rule 59.07 for a new trial; or (4) under Rule 59.04 to alter or amend the judgment. These motions are the only motions contemplated in these rules for extending the time for taking steps in the regular appellate process. Motions to reconsider any of these motions are not authorized and will not operate to extend the time for appellate proceedings.
Rule 59.New Trials and Alteration or Amendment of Judgments
Last amended July 1, 2008 · Last verified July 2, 2026
In one sentenceRule 59 lists the only post-trial motions that extend the deadline for an appeal — for judgment on an earlier directed-verdict motion, to amend findings, for a new trial, or to alter or amend the judgment — requires each to be filed within 30 days after judgment, lets the court act on its own within that same window, and preserves Tennessee’s rule that a verdict against the weight of the evidence must be set aside.
Full Text of Rule 59
59.03 Time for Serving Affidavits. Where a motion for a new trial is based upon affidavits, they shall be filed and served with the motion unless otherwise authorized by the court. The opposing party shall have 10 days after such service within which to file and serve opposing affidavits, which period may be extended for an additional period not exceeding 20 days by the court for good cause shown or by stipulation of the parties in writing. The court may permit reply affidavits.
59.04 Motion to Alter or Amend a Judgment. A motion to alter or amend a judgment shall be filed and served within thirty (30) days after the entry of the judgment.
59.05 On Initiative of Court. Within thirty (30) days after entry of judgment the court on its own initiative may alter or amend the judgment, or the court may order a new trial for any reason for which it might have granted a new trial on motion of a party where no such motion has been filed. After giving the parties notice and opportunity to be heard, the court may grant a motion for a new trial, timely filed and served, for reasons not stated in the motion. In either case, the court shall specify in its order the grounds for its action.
59.06 New Trial Where Verdict Is Against the Weight of the Evidence. If the trial court grants a new trial because the verdict is contrary to the weight of the evidence, upon the request of either party the new trial shall be conducted by a different circuit judge or chancellor.
59.07 Motion for New Trial -- Grounds. A new trial may be granted to all or any of the parties and on all or part of the issues 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.
Advisory Commission Comments
Advisory Commission Comments [1984].
59.01, 59.02: Motion for new trial, motions to alter or amend a judgment, motions to amend or add findings under Rule 52.02, and post-trial motions for directed verdict (for judgment notwithstanding the verdict) under Rule 50.02 all must be made within 30 days after judgment entry. Filing and serving motions in serial fashion will not extend the time for filing a notice of appeal with the trial court clerk. SeeGassaway v. Patty, 604 S.W.2d 60 (Tenn. Ct. App. 1980). In particular, motions to reconsider rulings on any of the listed motions will not extend the time for filing a notice of appeal. [1984.]
Advisory Commission Comments [1986].
Multiple orders conceivably may be entered on different dates even though various post trial motions are simultaneously filed on time. Careful litigators should file a notice of appeal within thirty days after entry of the order appealed from, although in many instances the time would not expire until thirty days from entry of the last order entered. [1986.]
Advisory Commission Comments [1991].
The amendment applies to only one of the many grounds for which a new trial may be granted. This is the familiar "thirteenth juror" rule, requiring the court to order a new trial where the jury verdict is contrary to the weight of the evidence. While Tenn. Code Ann. § 27-2-101, as construed in opinions such as Trott v. West, Moss & Co., 18 Tenn. 499 (1837), limits the number of new trials on this ground alone to two, the Commission believes that public confidence in the justness of civil procedure would be enhanced by providing upon request a different circuit judge or chancellor for the retrial.
Advisory Commission Comments [1993].
The amendment to Rule 59.01 deletes the motion for discretionary costs from the list. Discretionary costs are requested by a motion described in amended Rule 54.04(2).
Advisory Commission Comments [2008].
Motion for new trial grounds have been governed by case law. A helpful list can be found in Professor Larry A. Pivnick's treatise, Tennessee Circuit Court Practice § 28:1 (Thomson West).
Amendment History
- As added by order entered January 25, 1991, effective July 1, 1991.
- as amended by order entered January 8, 2008, effective July 1, 2008.
Plain-English Summary
Rule 59.01 lists the complete universe of post-trial motions that extend the time for an ordinary appeal: a motion under Rule 50.02 for judgment consistent with an earlier directed-verdict motion, a motion under Rule 52.02 to amend or add findings, a motion for a new trial, or a motion to alter or amend the judgment. Nothing else extends the appeal deadline, and a motion asking the court to reconsider its ruling on one of these motions is not itself authorized and will not buy any more time — a party who wants appellate review has to move forward through the appellate process rather than filing round after round of reconsideration requests at the trial level.
Rule 59.02 sets a firm 30-day deadline, running from entry of judgment under Rule 58, for filing and serving a motion for new trial or any other motion this rule covers. Rule 59.03 requires affidavits supporting a new-trial motion to be filed and served with the motion unless the court allows otherwise, gives the opposing side 10 days to file opposing affidavits — extendable up to 20 more days for good cause or by written agreement — and lets the court permit reply affidavits. Rule 59.04 gives a party the same 30-day window to move to alter or amend the judgment, a motion Tennessee courts reserve for genuine legal error or newly discovered evidence rather than a chance to raise a new theory or relitigate what was already decided.
Rule 59.05 lets the court act on its own, within that same 30-day window, to alter or amend the judgment or order a new trial for any reason that would have supported granting one on a party’s motion — and, after giving the parties notice and a chance to be heard, the court can grant a timely new-trial motion for reasons the motion itself never raised. Either way, the court has to spell out its grounds in the order.
Rule 59.06 codifies what is often called the thirteenth-juror rule: if the trial court grants a new trial because the verdict runs against the weight of the evidence, either party can request that a different judge preside over the retrial. That rule reflects a broader principle running through Tennessee practice — the trial judge, not just the jury, has to be independently satisfied the evidence supports the verdict, and a verdict the judge finds unsupported cannot stand no matter how the jury saw the case. Rule 59.07 preserves whatever other grounds have traditionally supported a new trial, letting the court grant one to some or all parties, on some or all issues, in any case tried by a jury.
Frequently Asked Questions
Which post-trial motions extend the deadline to file an appeal?
Rule 59.01 lists only four: a motion under Rule 50.02 for judgment consistent with an earlier directed-verdict motion, a motion under Rule 52.02 to amend findings, a motion for a new trial, and a motion to alter or amend the judgment. A motion to reconsider any of these does not extend the deadline.
How long do I have to file a motion for a new trial?
30 days after judgment is entered under Rule 58. Rule 59.02 sets that same 30-day deadline for every motion this rule covers.
What is the “thirteenth juror” rule?
Rule 59.06 codifies it: if a trial court grants a new trial because the verdict runs against the weight of the evidence, either party can request that a different judge preside over the retrial, reflecting the requirement that the trial judge be independently satisfied the evidence supports the verdict.
Source & verification. The rule text and Advisory Commission Comments are reproduced verbatim from the
official Tennessee Rules of Civil Procedure (Tenn. R. Civ. P. 59). Prescribed by the Supreme Court of Tennessee (Tenn. Code Ann. §§ 16-3-402 to 16-3-407, 16-3-601). The plain-English summary is original and written by us. Last verified July 2, 2026. ·
Official source
Also known as: motion for new trialmotion to alter or amend judgmentthirteenth juror rule
Advisory Commission Comments.
The provisions of this Rule are generally consistent with the procedure followed prior to the adoption of the Rules of Civil Procedure. The time for filing affidavits has been made more specific. The provisions of Rule 59.04 require specific statement of reasons by the trial judge when taking action thereunder.