United States · Court of Federal Claims
When must I seek a new trial or reconsideration in the Court of Federal Claims?
A new-trial or reconsideration motion under RCFC 59(a)(1)(A) or (B) must be filed no later than 28 days after judgment entry. The separate government-fraud route in Rule 59(b)(2) does not use this period. Rule 6(b)(2) bars enlargement.
- Period
- 28 calendar days
- Trigger
- Entry of judgment under RCFC 58
- Rule
- RCFC 59(a)(1)(A), (B) and (b)(1)
July 27, 2026 compilation
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Which judgment-entry date starts this period?
RCFC 59(b)(1) measures the ordinary filing period from judgment entry. Establish entry under RCFC 58(c), rather than using opinion publication or receipt of notice.
The motion must invoke the ordinary new-trial or rehearing grounds under Rule 59(a)(1)(A) or (B). The separate Rule 59(a)(1)(C) government-fraud provision uses Rule 59(b)(2).
Reconsideration of an interlocutory order is a separate question. This calculator does not determine whether the decision is final or which relief fits it.
RCFC 58(a) and (c)How are the 28 calendar days counted?
- Establish judgment entry under RCFC 58.
- Exclude that day.
- Count 28 calendar days.
- If the final day is a Saturday, Sunday or RCFC legal holiday, continue to the next day that is not. Check additional presidential or congressional holidays and clerk inaccessibility.
Exclude the established judgment-entry date. Count every following calendar day, including intermediate Saturdays, Sundays and legal holidays.
The operative Rule 59(b)(1) text uses 28 days. Do not copy the older 2010 committee note’s 30-day wording; the 2011 note records its correction.
RCFC 6(a)(1)What does a worked calculation look like?
Fictitious example
Fictitious judgment entered August 3, 2026. The ordinary 28-day branch applies. Exclude August 3. August 4–31 supplies 28 days. August 31 is Monday.
| Step | What is counted | Date |
|---|---|---|
| Trigger | Established RCFC 58 judgment entry | August 3, 2026 |
| Count | 28 calendar days after entry | August 31, 2026 |
Fictitious dates. No additional declared holiday, clerk inaccessibility or different governing procedure is assumed.
Try these dates in the calculatorWhich limits and separate procedures should I check?
- Government-fraud route
- RCFC 59(b)(2) separately permits Rule 59(a)(1)(C) relief while the suit is pending, after review proceedings begin, or within two years after final disposition. This calculator does not compute or establish that route.
- No enlargement
- RCFC 6(b)(2) prohibits enlargement of the Rule 59(b) period. Rule 6(a) computation and actual clerk inaccessibility remain separate checks.
- Supporting affidavits
- Under RCFC 59(c), affidavits supporting a new-trial or reconsideration motion must be filed with the motion.
- Response only on request
- RCFC 59(f) permits a response only at the court’s request and within its specified time. This page does not calculate a default opposition period.
- This page does not calculate Rule 59(b)(2), interlocutory reconsideration, a Rule 60 request or an appeal.
- A timely motion does not establish a valid ground or determine the appeal deadline.
What should I check before filing?
Common questions
The motion and governing procedure
Does every Rule 59 reconsideration request use 28 days?
No. Rule 59(b)(1) covers Rule 59(a)(1)(A) and (B). Rule 59(b)(2) separately addresses fraud, wrong or injustice done to the United States under Rule 59(a)(1)(C). That route is outside this calculator.
RCFC 59(b)(2)Can I file supporting affidavits after the motion?
RCFC 59(c) requires affidavits on which this motion relies to be filed with the motion. Do not infer a separate later affidavit period from this calculator.
RCFC 59(c)What is the default time to oppose the motion?
RCFC 59(f) allows a response only at the court’s request and within the time the court specifies. Read that order. This page computes the moving party’s period only.
RCFC 59(f)Entry, counting and filing
Does the opinion date always start the period?
No. Establish judgment entry under RCFC 58(c). When a separate document is required, entry uses the civil-docket entry and the earlier of a separate judgment document or 150 days after docket entry. When no separate document is required, civil-docket entry controls.
RCFC 58(a) and (c)Can the court enlarge this filing period under RCFC 6(b)?
No. RCFC 6(b)(2) prohibits enlargement of the periods under RCFC 52(b) and 59(b), (d) and (e). Final-day computation and qualifying clerk inaccessibility under Rule 6(a) remain separate issues.
RCFC 6(a)(3), (4) and (6); RCFC 6(b)(2) and (d)Does mailed notice of judgment add three days?
No. This period runs from judgment entry, not service. RCFC 6(d) applies to specified periods measured after service under Rule 5(b)(2)(C), (D) or (F). It does not add three days to this judgment-entry period.
RCFC 6(a)(3), (4) and (6); RCFC 6(b)(2) and (d)Which time zone controls electronic filing?
RCFC 6(a)(4)(A) specifies midnight in the Eastern Time Zone unless a statute or court order sets another time. Rule 6(a)(3) separately addresses actual clerk inaccessibility. Check the court’s filing system and any outage notice.
RCFC 6(a)(3), (4) and (6); RCFC 6(b)(2) and (d)Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| RCFC 59(a) and (b)(1) | Ordinary grounds and 28-day filing requirement |
| RCFC 59(b)(2), (c) and (f) | Excluded government-fraud route, affidavits and court-requested response |
| RCFC 58(a) and (c) | Separate-document requirement and judgment entry |
| RCFC 6(a)(1) | Trigger-day exclusion and calendar-day counting |
| RCFC 6(a)(3), (4) and (6); RCFC 6(b)(2) and (d) | Final-day boundaries, holidays, inaccessibility and prohibited enlargement |