Fed. R. Civ. P. 59 — New Trial; Altering or Amending a Judgment
Plain English
Rule 59 is how you ask the trial judge — not the appeals court — to fix a result you believe is wrong. After a jury trial, you can move for a new trial. After a bench trial, the judge can reopen the case, take more evidence, change the findings, or enter a different judgment. You can also ask the court to “alter or amend” the judgment itself under Rule 59(e). The catch is the clock: a motion for a new trial or to alter or amend the judgment must be filed within 28 days after the judgment is entered, and that deadline cannot be extended. Miss it and your only path is appeal.
Key Cases & Authority
- Fed. R. Civ. P. 6(b)(2) — The court may not extend the 28-day deadlines in Rule 59. It is a hard, non-extendable limit, which is why calendaring a post-trial motion correctly matters so much.
- Gasperini v. Center for Humanities, Inc., 518 U.S. 415 (1996) — The Supreme Court addressed how a federal court reviews a jury award attacked as excessive on a Rule 59 new-trial motion, including in diversity cases under the Erie doctrine.
- Banister v. Davis, 590 U.S. 504 (2020) — A Rule 59(e) motion lets a court correct its own mistakes in the period right after a decision; it is not a vehicle for new arguments the party could have raised earlier, and a timely Rule 59(e) motion resets the clock to appeal.
Florida Parallel
Florida’s parallel is Fla. R. Civ. P. 1.530 — Motions for New Trial and Rehearing; Amendments of Judgments.
About this rule walkthrough
Part of The Federal Rule Book, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
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Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
(a) In General.
(1) Grounds for New Trial. The court may, on motion, grant a new trial on all or some of the issues—and to any party—as follows:
(A) after a jury trial, for any reason for which a new trial has heretofore been granted in an action at law in federal court; or
(B) after a nonjury trial, for any reason for which a rehearing has heretofore been granted in a suit in equity in federal court.
(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. 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.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Rule 59 lets a party ask the trial court for a new trial or to alter or amend the judgment within 28 days of entry — a deadline that cannot be extended.