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Rule59. New trial; altering or amending a judgment.

(a) Grounds. Exceptas limited by Rule 61,a new trial may be granted to any party on any issue for any of the following ?reasons:

(a)(1)irregularity in the proceedings of the court, jury or opposing party, or anyorder of the court, or abuse of discretion by which a party was prevented fromhaving a fair trial;

(a)(2)misconduct of the jury, which may be proved by the affidavit or declaration ofany juror;

(a)(3)accident or surprise that ordinary prudence could not have guarded against;

(a)(4)newly discovered material evidence that could not, with reasonable diligence,have been discovered and produced at the trial;

(a)(5)excessive or inadequate damages that appear to have been given under theinfluence of passion or prejudice;

(a)(6)insufficiency of the evidence to justify the verdict or other decision; or

(a)(7)that the verdict or decision is contrary to law or based on an error in law.

(b) Time for motion. Amotion for a new trial must be filed no later than 28 days after entry of thejudgment.? When the motion for a newtrial is filed under paragraph (a)(1), (2), (3), or (4), it must be supportedby affidavits or declarations. If a motion for a new trial is supported by affidavitsor declarations, they must be served with the motion.

(c) Furtheraction after non-jury trial.After a nonjury trial, the court may, on motion for a new trial, open thejudgment if one has been entered, take additional testimony, amend findings offact and conclusions of law or make new ones, and direct entry of a newjudgment.

(d) New trial on initiative ofcourt or for reasons not in the motion. Nolater than 28 days after entry of the judgment the court, on its own, may ordera new trial for any reason that would justify a new trial on motion of a party.After giving the partiesnotice and an opportunity to be heard, the court may grant a timely motion fora new trial for a reason not stated in the motion. The order granting a newtrial must state the reasons for the new trial.

(e) Motion to alter or amend ajudgment. A motion to alter or amend thejudgment must be filed no later than 28 days after entry of the judgment.

 

Effectivedate May 1, 2016