United States · Federal civil procedure
When must the losing party move for a new trial after judgment as a matter of law?
A new-trial motion under Rule 59 by a party against whom judgment as a matter of law is rendered must be filed no later than twenty-eight days after entry of that judgment. This calculator covers the ordinary losing-party filing period after independently established entry. Rule 6(b)(2) prohibits enlargement. It does not assess new-trial grounds or determine entry.
- Period
- Twenty-eight days after actual judgment entry
- Trigger
- Actual entry of that judgment under the applicable Rule 58 branch
- Rule
- FRCP 50(d)
December 1, 2025 compilation
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Which event starts this procedure?
Establish that judgment as a matter of law was rendered against the moving party.
Establish actual entry of that judgment under Rule 58, including the applicable separate-document condition.
Keep the losing party’s Rule 50(d) motion separate from renewal of a prior Rule 50(a) motion under Rule 50(b).
FRCP 50(d)How is the ordinary period counted?
- Identify the actual actor, pleading and required act.
- Establish the specified event and applicable order.
- Exclude the verified event day and count the scoped calendar-day period.
- Check final-day conditions and preserve service and filing evidence separately.
Exclude actual judgment entry and count twenty-eight calendar days under Rule 6(a). Rule 6(b)(2) prohibits extending time under Rules 50(b) and (d), 52(b), 59(b), (d) and (e), and 60(b). Rule 6(a) counting and qualifying final-day conditions remain separate from an enlargement.
Rule 6(a) excludes the operative event and counts intermediate calendar days. A final Saturday, Sunday or legal holiday moves forward. Rule 6(a)(6) includes federal and President or Congress declared holidays, plus state-declared holidays for forward periods in the district. Qualifying clerk inaccessibility matters separately for filing.
FRCP 6(a)(1)What does an independently checked example show?
Fictitious example
Fictitious dates. Judgment as a matter of law is rendered against the moving party. Actual entry is independently established as July 6.
| Step | What is counted | Date |
|---|---|---|
| Event | Actual entry of that judgment under the applicable Rule 58 branch | July 6, 2026 |
| Count | Twenty-eight days after actual judgment entry | August 3, 2026 |
Fictitious dates. The applicable event is established independently. No different statute, court-set time, granted extension, additional declared holiday or clerk inaccessibility is assumed.
Try these dates in the calculatorWhich conditions change the assessment?
- Specified losing party
- Rule 50(d) applies to a Rule 59 new-trial motion by the party against whom judgment as a matter of law is rendered.
- Actual judgment entry
- Rule 58(c) distinguishes docket entry from the required separate-document branch. Establish actual entry rather than assuming a verdict starts this period.
- No Rule 6(b) enlargement
- Rule 6(b)(2) prohibits extending time under Rules 50(b) and (d), 52(b), 59(b), (d) and (e), and 60(b). Rule 6(a) counting and qualifying final-day conditions remain separate from an enlargement.
- This page does not establish effective service, merits, compliance or an actual court grant.
- Service and filing are different acts. Verify both when required.
What should I verify before acting?
Common questions
This procedure and its conditions
Is this renewal of the losing party’s prior Rule 50(a) motion?
No. Rule 50(d) concerns a Rule 59 new-trial motion by the party against whom judgment as a matter of law is rendered.
FRCP 50(d)Does an oral ruling automatically start twenty-eight days?
No. Establish actual judgment entry under Rule 58.
FRCP 58(c)Can ordinary good cause extend the filing period?
No. Rule 6(b)(2) expressly prohibits extending time under Rule 50(d).
FRCP 6(b)(2)Official sources and review
Provisions used (6)
| Provision | Purpose |
|---|---|
| FRCP 50(d) | This actor, required act, operative event and period |
| FRCP 50(d) | Completion of the stated filing-period text |
| FRCP 58(a) and (c) | Separate-document exceptions and actual entry |
| FRCP 59(a)–(b) | New-trial procedure and party filing |
| FRCP 6(a)(1) | Event exclusion and intermediate calendar days |
| FRCP 6(a)(3)–(6) and (b)(2) | Actual final-day conditions, filing boundaries and applicable extension limits |