United States · Federal civil procedure
When may the court order a new civil trial on its own?
No later than twenty-eight days after judgment entry, the court on its own may order a new trial for a reason that would justify granting one on a party’s motion. A separate branch lets the court grant a timely new-trial motion for a reason not stated in it after notice and an opportunity to be heard. The court must specify reasons. This guide calculates no party filing date.
- Period
- No later than twenty-eight days after entry for the court’s own-initiative order
- Trigger
- Actual judgment entry for the court-on-its-own branch
- Rule
- FRCP 59(d)
December 1, 2025 compilation
Source guide · No automated date
Establish the actual procedure and conditions
The operative actor is the court, and the rule distinguishes own initiative from action on a timely motion. The existing party calculator does not establish the court’s required action.
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Which event starts this procedure?
Preserve the judgment and establish its actual entry under Rule 58.
Identify whether the court acts on its own or grants an actual timely party motion for a reason not stated.
Preserve the actual order and reasons, and notice and opportunity to be heard where the separate motion branch requires them.
FRCP 59(d)Which timing conditions must be established?
- Identify the actual actor, pleading and required act.
- Establish the specified event and applicable order.
- Resolve the material conditions. This guide publishes no calculated date.
- Check final-day conditions and preserve service and filing evidence separately.
Establish actual judgment entry under Rule 58 and the court action. Rule 6(a) supplies calendar counting and final-day conditions. 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)Why is no automated date published?
The operative actor is the court, and the rule distinguishes own initiative from action on a timely motion. The existing party calculator does not establish the court’s required action.
Which conditions change the assessment?
- Court action required
- The first sentence concerns the court ordering a new trial on its own within the stated judgment-entry period.
- Different timely-motion branch
- After notice and an opportunity to be heard, the court may grant a timely motion for a reason not stated in it. Do not turn the first sentence into the party’s filing procedure.
- Reasons and extension prohibition
- In either branch the court must specify reasons in its order. 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
Does filing a party motion establish the court’s own action?
No. The first sentence concerns the court actually ordering a new trial on its own.
FRCP 59(d)May Rule 6(b)(1) enlarge the Rule 59(d) action time?
No. Rule 6(b)(2) expressly names Rule 59(d).
FRCP 6(b)(2)Must the court state reasons?
Yes. Rule 59(d) requires reasons in the order in either described branch.
FRCP 59(d)Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| FRCP 59(d) | This actor, required act, operative event and period |
| FRCP 58(c) | Actual judgment-entry event |
| FRCP 59(b) | Separate party motion |
| 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 |