When must I file a civil motion for a new trial?

Use the party’s twenty-eight-day Rule 59(b) new-trial motion period. Court-initiative action and opposing affidavits have separate procedures.

Check Rule 59(a)’s actual trial and grounds. Rule 59(c) requires supporting affidavits with the motion when it is based on affidavits. The opposing party’s fourteen-day affidavit period after service is separate.

Establish judgment entry under Rule 58(c) through the actual civil docket and any required separate document. Announcement, verdict, signature and notice receipt do not automatically establish entry.

1. Establish judgment entry and the actual motion.
2. Exclude the entry day.
3. Count twenty-eight calendar days.
4. Apply qualifying final-day holidays or inaccessibility and verify filing.

Exclude the independently established judgment-entry date. Count every following calendar day, including intermediate Saturdays, Sundays and legal holidays. These are district-court Civil Rules motions, even though the catalogue groups them beside appeal-related motions.

Rule 6(a)(1) carries a final Saturday, Sunday or legal holiday to the next qualifying day. Rule 6(a)(6) includes federal and President or Congress declared holidays. For this forward period, check additional holidays declared by the state where the district court is located. Qualifying clerk inaccessibility under Rule 6(a)(3) is a separate condition.

Fictitious example

Fictitious judgment entry is independently established as July 6. No additional declared holiday, clerk inaccessibility or disputed motion classification is assumed.

Fictitious dates. No additional declared holiday, clerk inaccessibility or disputed motion classification is assumed.

A civil motion for a new trial

Check Rule 59(a)’s actual trial and grounds. Rule 59(c) requires supporting affidavits with the motion when it is based on affidavits. The opposing party’s fourteen-day affidavit period after service is separate.

Established entry

Rule 58(c) uses civil-docket entry when no separate document is required. If one is required, establish docket entry and the earlier of the separate document or 150 days from docket entry. This page does not derive that date.

No routine enlargement

Rule 6(b)(2) prohibits enlarging time under FRCP 59(b). An agreement or requested extension does not establish timely filing.

Separate appeal consequences

FRAP 4(a)(4) addresses listed motions filed within their allowed time and the order disposing of the last remaining motion. This page does not determine whether a filing qualifies or calculate appeal expiry.

Separate service and local instructions

Read the district’s filing requirements and applicable service provisions. A notice, draft, service attempt or merits argument does not establish completed timely filing.

• This page does not determine the motion’s merits or establish proper motion classification.
• It does not establish completed filing, an automatic extension, a stay or a notice-of-appeal deadline.

• Identify the actual motion, rule, grounds and supporting record.
• Preserve judgment-entry evidence and any applicable jury-discharge evidence.
• Check Rule 59(a)’s actual trial and grounds. Rule 59(c) requires supporting affidavits with the motion when it is based on affidavits. The opposing party’s fourteen-day affidavit period after service is separate.
• Check qualifying final-day holidays, clerk accessibility, local filing instructions and separate service.
• Preserve filing evidence and review any separate appeal procedure.
• File the motion in the district court. Unless a statute, local rule or court order sets another time, Rule 6(a)(4)(A) ends electronic filing at midnight in the court’s time zone. Subsection (B) uses scheduled clerk closing for other means. Verify separate service, actual filing instructions and any qualifying clerk inaccessibility. Filing does not establish entitlement to relief.