United States · Federal civil procedure
When must opposing affidavits on a new-trial motion be filed?
When a new-trial motion is based on affidavits, they must be filed with the motion. The opposing party has fourteen days after being served to file opposing affidavits. The court may permit reply affidavits. Actual service method and any granted enlargement require separate review. Current Rule 59(c) does not contain a fixed extra extension allowance. This guide calculates no date.
- Period
- Fourteen days after being served, with actual qualifying service addition and court enlargement
- Trigger
- Effective service of the affidavit-based new-trial motion and supporting material
- Rule
- FRCP 59(c)
December 1, 2025 compilation
Source guide · No automated date
Establish the actual procedure and conditions
Actual service method and any granted enlargement affect this period. The isolated preset does not establish those conditions or publish a date.
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Which event starts this procedure?
Establish the new-trial motion is based on affidavits and preserve supporting material filed with it.
Establish effective service and its method.
Read any granted enlargement and actual permission for reply affidavits separately.
FRCP 59(c)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 effective service and apply Rule 6(a) to the base period. Rule 6(d) adds three days only to a specified period after being served under Rule 5(b)(2)(C), (D) or (F). Compute the underlying Rule 6(a) expiry first, then add three days and recheck the final day. Electronic service under (E) and office or dwelling delivery under (B) do not qualify. Filing, judgment entry, one’s own service and backward lead times do not automatically attract the addition. This guide does not select a service method or compute a date.
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?
Actual service method and any granted enlargement affect this period. The isolated preset does not establish those conditions or publish a date.
Which conditions change the assessment?
- Supporting and opposing acts
- Supporting affidavits must be filed with the new-trial motion. The opposing party’s affidavit filing uses the later service event.
- Actual enlargement
- Rule 6(b)(2) names Rules 59(b), (d) and (e), not (c). An actual Rule 6(b)(1) extension requires good cause. Before expiry the court may act, or a request may be made, with or without motion or notice. After expiry a motion requires excusable neglect. A pending request is not a granted extension. Current Rule 59(c) supplies no fixed additional extension allowance.
- Reply and service conditions
- The court may permit reply affidavits. Rule 6(d) adds three days only to a specified period after being served under Rule 5(b)(2)(C), (D) or (F). Compute the underlying Rule 6(a) expiry first, then add three days and recheck the final day. Electronic service under (E) and office or dwelling delivery under (B) do not qualify. Filing, judgment entry, one’s own service and backward lead times do not automatically attract the addition.
- 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 the ordinary seven-day-before-hearing rule control?
Rule 6(c)(2) expressly excepts Rule 59(c), which supplies this forward period.
FRCP 6(c)(2)Does Rule 59(c) automatically supply twenty extra days?
No. Its current text gives fourteen days after being served and permits reply affidavits. Any enlargement requires actual authority and grant.
FRCP 59(c)Is Rule 59(c) named in Rule 6(b)(2)’s prohibition?
No. The prohibition names Rules 59(b), (d) and (e). Rule 6(b)(1) still requires its actual conditions.
FRCP 6(b)Official sources and review
Provisions used (6)
| Provision | Purpose |
|---|---|
| FRCP 59(c) | This actor, required act, operative event and period |
| FRCP 5(b) | Actual service methods and completion |
| FRCP 6(d) | Conditional additional time after specified service |
| FRCP 6(c)(2) | General opposing-affidavit rule expressly excepts Rule 59(c) |
| FRCP 6(a)(1) | Event exclusion and intermediate calendar days |
| FRCP 6(a)(3)–(6) and (b)(1) | Actual final-day conditions, filing boundaries and applicable extension limits |