United States · Court of International Trade
When must I serve a CIT motion to alter or amend judgment?
USCIT Rule 59(e) requires a motion to alter or amend judgment to be served no later than 30 days after judgment entry. Rule 6(b)(2) prohibits extension. Rule 5(d)(1)(A) separately requires filing within a reasonable time after service.
- Period
- 30 calendar days
- Trigger
- Judgment-entry date
- Rule
- USCIT Rule 59(e)
Amended August 21, 2026, effective August 21, 2026
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Which event starts this 30-day period?
Rule 59(e) runs from judgment entry. Apply Rule 58(c), including the separate-document rule when applicable.
When a separate document is required, entry uses civil-docket entry and the earlier of a separate document or 150 days from docket entry. When not required, civil-docket entry controls.
The rule expressly measures timely service of the motion. Rule 5(d)(1)(A) separately addresses filing after service. The calculator does not set a fixed additional filing period or excuse an actual filing order.
USCIT Rule 59(e)How are the 30 calendar days counted?
- Establish judgment entry under USCIT Rule 58, not receipt of judgment notice.
- Exclude the established trigger day.
- Count 30 calendar days.
- 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 service period is 30 days. It does not run from service of notice of judgment. Do not import another court’s 28-day motion rule.
USCIT Rule 6(a)(1)What does a worked calculation look like?
Fictitious example
Fictitious judgment entered under USCIT Rule 58 on August 24, 2026. A party seeks to alter or amend the judgment under Rule 59(e). Exclude August 24. August 25–31 supplies seven days. September 1–23 supplies 23 more. Day 30 is Wednesday.
| Step | What is counted | Date |
|---|---|---|
| Trigger | Judgment-entry date | August 24, 2026 |
| Count | 30 calendar days after the trigger | September 23, 2026 |
Fictitious dates. No different order, additional declared holiday or actual clerk inaccessibility is assumed.
Try these dates in the calculatorWhich qualifications and separate procedures should I check?
- No extension
- Rule 6(b)(2) prohibits extension of Rule 59(e). A motion for more time does not create permission to serve later.
- Separate filing obligation
- Rule 5(d)(1)(A) requires filing within a reasonable time after service for papers after the complaint. This date calculation does not determine a reasonable time or override a filing order.
- Different new-trial motion
- Rule 59(b) expressly requires both service and filing for new trial or rehearing within 30 days after judgment or order entry. Identify the requested relief and governing provision.
- This page supplies the Rule 59(e) service date, not a separate fixed filing allowance.
- The result does not establish grounds for judgment amendment or the effect on an appeal.
What should I check before completing the required act?
Common questions
The procedure and required act
Does Rule 59(e) expressly use service or filing?
It expressly requires service within 30 days after judgment entry. Rule 5(d)(1)(A) separately requires filing within a reasonable time after service. Satisfy both obligations and any actual court order.
USCIT Rule 59(e); Rule 5(d)(1)(A)Is a new-trial motion governed by this same act requirement?
Rule 59(b) requires both service and filing within 30 days after judgment or order entry. Rule 59(e) addresses judgment amendment and expressly requires service. Identify the actual motion.
USCIT Rule 59(b)Can I use the day I received judgment notice?
Rule 59(e) uses judgment entry. Rule 58(c) supplies entry, including the separate-document condition when applicable. Receipt of notice is not the specified trigger.
USCIT Rule 58(c)Counting and filing
Does this court use every New York state holiday?
USCIT Rule 6(a)(6) lists national statutory holidays and days declared holidays by the President or Congress. It does not import the New York state holiday calendar. Check actual court access and any additional applicable declaration.
USCIT Rule 6(a)(3)–(6)Does electronic filing use my own midnight?
Rule 6(a)(4)(A) uses midnight in the court’s time zone, subject to a different statutory, local-rule or court-ordered time. Check CM/ECF instructions and the actual filing confirmation. A date calculation does not prove filing or service.
USCIT Rule 6(a)(3)–(6)What if the clerk is inaccessible on the last filing day?
Unless the court orders otherwise, Rule 6(a)(3)(A) extends the day-based filing period to the first accessible day that is not a weekend or legal holiday. Check actual notices. The calculator does not infer a closure or CM/ECF outage.
USCIT Rule 6(a)(3)–(6)Does mailed notice add five days to this period?
No. This period starts from filing, discovery closure or entry, rather than service. Rule 6(d)’s five-day addition concerns specified periods after Rule 5(b)(2)(C), (D) or (F) service. It does not extend this trigger-based period.
USCIT Rule 6(d)Official sources and review
Provisions used (12)
| Provision | Purpose |
|---|---|
| USCIT Rule 59(e) | Procedure-specific period, trigger and required act |
| USCIT Rule 58(a) and (c) | Separate-document and civil-docket judgment-entry events |
| USCIT Rule 58(c) | Separate-document and civil-docket judgment-entry events |
| USCIT Rule 5(d)(1) | Separate filing within a reasonable time after required service |
| USCIT Rule 59(b) | Separate entry-based new-trial motion requiring service and filing |
| USCIT Rule 6(a)(1) | Exclude the trigger day and count intermediate calendar days |
| USCIT Rule 6(a)(3)–(6) | Actual inaccessibility, filing cutoff and national holiday definition |
| USCIT Rule 6(b) and (c) | Extension grounds, excluded procedures and extension-motion requirements |
| USCIT Rule 6(d) | Five-day addition for qualifying incoming Rule 5 service |
| USCIT Rule 5(d)(3) | Represented and unrepresented electronic-filing requirements |
| USCIT Rule 5(d)(4) and (e) | Filing receipt and the conditional certified-or-registered-mail exception |
| USCIT Rule 82(a) | Ordinary clerk opening and scheduled closing hours |