Motion for a New Trial

When the motion for a new trial is used

Timing: after judgment. Post-trial motions come after a verdict or judgment. Their deadlines are short, so timing matters a great deal.

What the rule requires

• A motion for a new trial must be filed no later than 28 days after the entry of judgment (Rule 59(b)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 59(a)–(b) online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion for a new trial in state court

This page covers the federal version. In state court, the motion for a new trial may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Verdict: the decision of a jury on the questions submitted to it.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion to Alter or Amend a Judgment: a request that the court change its judgment.
• Renewed Motion for Judgment as a Matter of Law: a post-verdict motion renewing an earlier Rule 50(a) motion.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.