Also known as: FRCP 59(a) · Federal Rule of Civil Procedure 59(a) · Rule 59(a) · Rule 59 · new trial
Written by attorneys · grounded in primary & secondary sources — see below
A procedural rule authorizing a federal district court to grant a new trial after a jury verdict for any reason historically recognized in actions at law or after a nonjury trial for any reason historically recognized in suits in equity.
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Fatima Flores obtained a judgment after a bench trial on contract claims. Her lawyer later discovered that key exhibits had been altered. The court vacated the judgment and ordered a new trial because the interest of justice required it.
Frontier Capital obtained a judgment against Francesca Fiore on a contract claim. Fiore filed her motion for a new trial thirty-five days later. The court denied the motion because it was filed after the twenty-eight-day deadline.
Floyd Franklin obtained a judgment after a bench trial on contract claims. Two years after the verdict his counsel located a witness who had seen another person cause the loss. Franklin filed a motion for a new trial based on that evidence within the three-year window.
Ferrum Metals sued Freeman Engineering for breach. The jury returned a general verdict for the plaintiff but answered special interrogatories that contradicted it. The court ordered a new trial on all issues.
Fatou Fall obtained a judgment after a jury trial. Her lawyer filed a motion for a new trial twelve days after the verdict citing an erroneous evidentiary ruling. The court denied the motion as untimely under the fourteen-day limit.
Francesca Fowler sued Fulton Shipping for negligence after a cargo spill. The jury returned a verdict for the defendant. Fowler moved for a new trial arguing the verdict was against the clear weight of the evidence. The court granted the motion under traditional legal standards.
A motion for a new trial must be filed no later than twenty-eight days after entry of judgment. The court may also order a new trial on its own initiative within that same period.
Yes. After a nonjury trial the court may open the judgment, take additional testimony, amend findings, and direct entry of a new judgment.
The court may grant a new trial for any reason for which a new trial has heretofore been granted in an action at law in federal court.
…the writ of certiorari on the ground that no final judgment is before us, 28 U. S. C. § 1257 (1964 ed.); putting aside the new trial open to the State in any event, the confession itself has not even been finally excluded since the California Supreme Court left the State free to show proof of a waiver. If the merits of…