Post-Trial Motions: Judgment as a Matter of Law, New Trial and Relief From Judgment

Judgment as a matter of law (Rule 50)

During a jury trial, the court may grant judgment as a matter of law if “a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue” (Rule 50(a)(1)). After the verdict, a party may renew the motion “No later than 28 days after the entry of judgment,” and may ask in the alternative for a new trial (Rule 50(b)).

New trial and amending the judgment (Rule 59)

“A motion for a new trial must be filed no later than 28 days after the entry of judgment” (Rule 59(b)). Likewise, “A motion to alter or amend a judgment must be filed no later than 28 days after the entry of the judgment” (Rule 59(e)). Courts generally cannot extend these deadlines.

Relief from a final judgment (Rule 60)

Rule 60(b) lets the court relieve a party from a final judgment for: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence; (3) fraud, misrepresentation or misconduct by an opposing party; (4) a void judgment; (5) a satisfied, released or discharged judgment; or (6) “any other reason that justifies relief.” The motion “must be made within a reasonable time—and for reasons (1), (2), and (3) no more than a year after the entry of the judgment” (Rule 60(c)(1)).

Why timing matters for appeal

A timely Rule 50(b), 52(b), 59 or certain Rule 60 motion resets the appeal clock: “the time to file an appeal runs for all parties from the entry of the order disposing of the last such remaining motion” (Fed. R. App. P. 4(a)(4)(A)). A late motion does not.

Researching post-trial motions in your state

To research post-trial motions for a real matter, start with the primary sources. For example, read the statute, the rule and the documents in your own file. Then look for recent appellate decisions from your state, because they control how local courts read the law. After that, compare what you found with the federal rules that may also apply. Our state procedures guide and the Research Center can help you find and check each source.

Sources and further reading

Official sources used on this page:

• law.cornell.edu
• law.cornell.edu
• law.cornell.edu
• law.cornell.edu

Related reading on Lawtopolis:

• The Notice of Appeal and Appeal Deadlines
• Void and Voidable Judgments: When a Judgment Can Be Set Aside
• The Final Judgment Rule and Interlocutory Appeals