When must I serve and file a CIT new-trial or rehearing motion?

Rule 59(b) uses entry of the judgment or order. Receipt of notice does not replace entry.

For a judgment, apply Rule 58(c). When a separate document is required, entry requires civil-docket entry and the earlier of a separate document or 150 days after docket entry. Without that requirement, docket entry controls.

Identify the relevant order if the motion concerns an order rather than a judgment. This calculator does not establish grounds for a new trial or rehearing.

1. Establish entry of the relevant judgment or order. Do not substitute service or receipt of notice.
2. Exclude the established trigger day.
3. Count 30 calendar days.
4. If the final day is a Saturday, Sunday or Rule 6(a)(6) legal holiday, continue to the next day that is not. The rule lists national statutory holidays and days declared holidays by the President or Congress. Check additional declarations and actual clerk inaccessibility.

Exclude the established trigger day. Count every following calendar day, including intermediate Saturdays, Sundays and legal holidays, under USCIT Rule 6(a)(1).

The ordinary period is 30 days, rather than the 28-day period in some other federal court rules. Both service and filing are required under this court’s Rule 59(b).

Fictitious example

Fictitious judgment entered under USCIT Rule 58 on August 24, 2026. A party seeks a Rule 59(b) new trial or rehearing. Exclude August 24. August 25–31 supplies seven days. September 1–23 supplies 23 more. Day 30 is Wednesday.

Fictitious dates. No different order, additional declared holiday or actual clerk inaccessibility is assumed.

No extension

Rule 6(b)(2) prohibits extending Rule 59(b), (d) and (e). A request for more time does not establish an enlarged period.

Affidavit-supported motion

Rule 59(c) requires supporting affidavits to be filed with the motion. The opponent’s 14-day period runs from service and is a separate question.

Court initiative

Rule 59(d) addresses a new trial or rehearing on the court’s initiative and requires specified reasons. This calculator concerns the party’s Rule 59(b) motion.

• This page does not determine grounds for relief, compute opposing affidavits or decide an appeal deadline.
• Final-day computation and actual clerk inaccessibility remain separate from prohibited extension.

• Identify the judgment or order and establish its entry.
• Identify the requested new trial or rehearing.
• Prepare supporting affidavits with the motion if the motion relies on them.
• Complete both timely service and filing.
• Check the separate opposition-affidavit procedure and actual court notices.
• Rule 5(d)(3) generally requires represented persons to file electronically unless the court permits paper filing for good cause. An unrepresented person’s electronic filing requires an order.
• USCIT Rule 6(a)(4) ends electronic filing at midnight in the court’s time zone unless a statute, local rule or court order sets a different time. Other means use scheduled clerk closing. Rule 82(a) ordinarily specifies 8:30 a.m. to 5:00 p.m. clerk hours. Filing and effective service remain separate checks.
• Preserve effective service and filing evidence. Rule 5(d)(4) ordinarily uses receipt, with a specific properly addressed certified-or-registered-mail exception. Ordinary mailing alone does not satisfy that exception.