United States · Federal civil procedure
When must I file a federal post-judgment motion?
These four federal motions ordinarily must be filed within 28 days after judgment entry. A Rule 50(b) motion addressing a jury issue not decided by a verdict instead uses jury discharge. Rule 6(b)(2) prohibits extending these motion periods. Confirm the motion and operative event before calculating.
- Period
- 28 calendar days
- Trigger
- Judgment entry under Rule 58(c), or jury discharge for the specified Rule 50(b) issue
- Rule
- FRCP 50(b), 52(b), 59(b) and 59(e)
December 1, 2025 compilation
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Which date starts this period?
Identify the motion before selecting the trigger. Rules 59(b), 59(e) and 52(b) use judgment entry. Rule 50(b) ordinarily does too.
Rule 50(b) uses jury discharge if the motion addresses a jury issue not decided by a verdict. A later judgment entry does not replace that specified event.
Check judgment entry under Rule 58(c). If a separate document is not required, entry in the civil docket controls. If one is required, docket entry and the earlier of a separate document or 150 days from docket entry control. The calculator takes the established entry date rather than deciding whether those requirements are met.
FRCP 50(b), 52(b), 59(b) and 59(e)How is the 28-day period counted?
- Use judgment entry for the ordinary branch. Use jury discharge only for a Rule 50(b) issue not decided by a verdict.
- Exclude that day.
- Count 28 calendar days.
- A final Saturday, Sunday or legal holiday carries the period to the next day that is not. Check additional state holidays and clerk inaccessibility.
Each selected motion has a 28-day period. The Rule 50(b) jury-discharge branch changes the event, not the number of days. Check the district’s additional state holidays and clerk accessibility.
FRCP 6(a)(1)What does a worked calculation look like?
Fictitious example
Judgment was entered August 3. Rule 59(e) applies, and no additional holiday or accessibility issue affects the last day. Exclude August 3. August 4–31 supplies 28 days. The last day is Monday, August 31.
| Step | What is counted | Date |
|---|---|---|
| Trigger | Judgment entry under Rule 58(c), or jury discharge for the specified Rule 50(b) issue | August 3, 2026 |
| Count | 28 calendar days after the trigger | August 31, 2026 |
Fictitious dates. No additional state holiday, closure or different case order is assumed.
Try these dates in the calculatorCan an exception or order change the deadline?
- No extension under Rule 6(b)
- Rule 6(b)(2) expressly prohibits extending time to act under Rules 50(b), 52(b), 59(b) and 59(e). Do not apply the ordinary good-cause or excusable-neglect extension power.
- Renewed judgment as a matter of law
- Rule 50(b) concerns renewing a Rule 50(a) motion not granted before the case was submitted to the jury. Check the prior motion, issues and the alternative jury-discharge trigger.
- Amended findings
- Rule 52(b) permits a timely motion for amended or additional findings and a corresponding judgment amendment. The motion may accompany a Rule 59 new-trial motion.
- New-trial affidavits
- Under Rule 59(c), affidavits supporting a new-trial motion must be filed with it. The opposing party’s affidavit response is a separate 14-day period after service, not this 28-day filing period.
- Other post-judgment procedures
- This page covers the four selected motions. Rule 60 relief and an appeal require separate procedural and timing analysis. Do not treat every request labeled reconsideration as the same motion.
- This calculation does not establish judgment entry, motion eligibility or substantive grounds.
- This page does not calculate the separate appeal period or assume that an appeal deadline has been suspended.
What should I check before acting?
Common questions
The procedure and starting event
Do all four periods start from the verdict?
No. The ordinary trigger is judgment entry. Rule 50(b) has a jury-discharge trigger for a jury issue not decided by a verdict. Identify the particular event.
Rules 50(b), 52(b) and 59(b), (e)Can the court extend this filing period for good cause?
Rule 6(b)(2) prohibits extending the periods under these four rules. The ordinary good-cause or excusable-neglect extension provision does not supply an extension.
Rule 6(b)(2)Is the date the judge announced a decision always judgment entry?
No. Rule 58(c) specifies the entry event, including civil-docket entry and any separate-document requirement. Preserve the actual entry evidence.
Rule 58(c)Exceptions and completion
Does the opposing new-trial affidavit also have 28 days?
No. Rule 59(c) gives the opposing party 14 days after service to file opposing affidavits. Supporting affidavits must be filed with the new-trial motion.
Rule 59(c)Do intermediate weekends count?
Rule 6(a)(1)(B) counts all intermediate days, including Saturdays, Sundays and legal holidays. Its final-day rollover is separate.
FRCP 6(a)(1)What if the clerk’s office is inaccessible on a filing deadline?
Unless the court orders otherwise, Rule 6(a)(3)(A) extends a filing deadline to the first accessible day that is not a Saturday, Sunday or legal holiday.
FRCP 6(a)(1), (3), (4) and (6)Official sources and review
Provisions used (7)
| Provision | Purpose |
|---|---|
| Rule 50(a)–(b) | Prior motion, renewed motion and alternative jury-discharge trigger |
| Rule 52(b) | Amended or additional findings and judgment |
| Rule 58(a)–(c) | Separate document and judgment-entry requirements, continued from page 102 |
| Rule 59(b)–(e) | New-trial filing, affidavits and judgment amendment |
| Rule 6(b)(2) | Express prohibition on extending the selected periods |
| FRCP 6(a)(1) | Trigger-day exclusion and intermediate calendar days |
| FRCP 6(a)(1), (3), (4) and (6) | Final-day rollover, holidays, clerk inaccessibility and filing cutoff |