Rule 59.New trial; altering or amending a judgment
Group VII: Judgment · Last amended March 1, 2017 · Last verified July 14, 2026
In one sentenceRule 59 lists the grounds a court may rely on to grant a new trial or reopen a nonjury judgment, sets the 28-day deadline for new-trial and alter-or-amend motions, and lets the court act on those grounds even without a motion.
(1)Grounds for New Trial. — The court may, on motion, grant a new trial on all or some of the issues, for any of the following causes:
(A)Irregularity in the proceedings of the court, jury, referee, master or prevailing party, or any order of the court or referee, or abuse of discretion, by which the party was prevented from having a fair trial;
(B)Misconduct of the jury or prevailing party;
(C)Accident or surprise, which ordinary prudence could not have guarded against;
(D)Excessive damages appearing to have been given under the influence of passion or prejudice;
(E)Error in the assessment of the amount of recovery, whether too large or too small;
(F)That the verdict, report or decision is not sustained by sufficient evidence or is contrary to law;
(G)Newly discovered evidence, material for the party applying, which the party could not, with reasonable diligence, have discovered and produced at the trial;
(H)Error of law occurring at the trial.
(2)Further Action After a Nonjury Trial. — After a nonjury trial, the court may, on motion for a new trial, open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new ones, and direct the entry of a new judgment.
(b)Time to File a Motion for a New Trial. — A motion for a new trial must be filed no later than 28 days after the entry of judgment.
(c)Time to Serve Affidavits. — When a motion for a new trial is based on affidavits, they must be filed with the motion. The opposing party has 14 days after being served to file opposing affidavits, but that period may be extended for up to 21 days, either by the court for good cause or by the parties’ written stipulation. The court may permit reply affidavits.
(d)New Trial on the Court’s Initiative or for Reasons Not in the Motion. — No later than 28 days after the entry of judgment, the court, on its own, may order a new trial for any reason that would justify granting one on a party’s motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion. In either event, the court must specify the reasons in its order.
(e)Motion to Alter or Amend a Judgment. — A motion to alter or amend a judgment must be filed no later than 28 days after the entry of the judgment.
Amendment History
Added February 2, 2017, effective March 1, 2017.
Plain-English Summary
Rule 59 gives a court several reasons to grant a new trial: irregularities or misconduct that denied a party a fair trial, an accident or surprise ordinary care could not have prevented, damages so excessive they suggest passion or prejudice, a damages figure that is wrong in either direction, a verdict unsupported by the evidence or contrary to law, newly discovered evidence a party could not have found with reasonable diligence in time for trial, or a legal error at trial. After a nonjury trial, the court has extra flexibility — it can reopen an already-entered judgment, hear more testimony, revise or add findings of fact and conclusions of law, and enter a new judgment altogether.
Timing drives this rule. A motion for a new trial must be filed no later than 28 days after judgment is entered, and if that motion relies on affidavits, they must be filed with it; the opposing side then has 14 days to file its own affidavits, a window the court can stretch to 21 days for good cause or by written agreement of the parties, with reply affidavits allowed as well. The court is not limited to what the parties raise: within that same 28-day window it can order a new trial on its own for any reason that would justify granting one, and even after the 28 days, it can grant a timely-filed motion on a ground the motion itself never mentioned, as long as it first gives the parties notice and a chance to be heard. Either way, the court must spell out its reasons in the order. A separate motion to alter or amend the judgment carries the same 28-day deadline.
Frequently Asked Questions
What are valid grounds for asking for a new trial?
Grounds include irregularities or misconduct that prevented a fair trial, accident or surprise ordinary prudence couldn't have guarded against, excessive damages suggesting passion or prejudice, a wrong damages figure in either direction, a verdict unsupported by the evidence or contrary to law, newly discovered evidence, and legal error at trial.
How long do I have to file a motion for a new trial?
No later than 28 days after the judgment is entered. That deadline is strict and doesn't depend on when you learn of a potential ground.
Can the judge order a new trial without either side asking for one?
Yes, within 28 days of judgment the court can order a new trial on its own for any reason that would justify granting one on a party's motion, as long as it states its reasons.
What's the deadline for a motion to alter or amend a judgment?
The same 28 days after entry of judgment that applies to a new-trial motion.
Can the court grant a new trial for a reason nobody raised in the motion?
Yes, but only after giving the parties notice and an opportunity to be heard on that unraised ground, and the court must state its reasons in the order.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Wyoming Rules of Civil Procedure, adopted by the
Supreme Court of Wyoming. Last verified July 14, 2026. ·
Official source
Also known as:motion for new trialmotion to alter or amend judgment28 day post-trial motiongrounds for new trialnewly discovered evidence new trial motion