RULE 59. NEW TRIALS-AMENDMENT OF JUDGMENTS
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(c) Time for Motion for New Trial. Any motion for a new trial must be served and filed no later than the following time after service of notice of entry of judgment:
1. Upon the ground of newly discovered evidence, within 6 months; and
2. Upon any other ground, within 60 days, unless the court, for good cause shown, extends the time.
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(i) On Court's Initiative; Notice; Specifying Grounds. No later than 15 days after service of notice of entry of judgment, the court may order a new trial for any reason that would justify granting a new trial on a party's motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion. When granting a new trial on its own initiative or for a reason not stated in a motion, the court shall specify the grounds in its order.
(j) Motion to Alter or Amend a Judgment. Any motion to alter or amend a judgment must be served and filed no later than 15 days after service of notice of entry of
Rule 59 was amended, effective January 1, 1979; September 1, 1983; March 1, 1997; March 1, 1998; __________________________.
A party should be aware notice of entry of judgment or an order is not necessary to start the time running for filing a post-judgment motion. Actual knowledge of entry of a judgment or an order, when clearly evidenced by the record, starts the time running for filing a post-judgment motion. See Lang v. Bank of North Dakota, 377 N.W.2d 575, 578 (N.D. 1985). Actual knowledge of entry of the judgment or order requires action evident on the record on the part of the moving party. See Thorson v. Thorson, 541 N.W.2d 692, 695 (N.D. 1996).
Subdivision (e) was repealed, effective March 1, 1997.
SOURCES: Procedure Committee Minutes of _____________________; January 30, 1997, page 8; September 26-27, 1996, pages 10-12; April 25, 1996, pages 18-19; January 25-26, 1996, page 19; September 30-October 1, 1982, page 6, and pages 8-10; April 15-16, 1982, page 8; January 17-18, 1980, page 4; November 29-30, 1979, page 18; May 25-26, 1978, pages 29-31; January 12-13, 1978, pages 12-14; June 2-3, 1977, page 5. Chapter 28-19, NDRC 1943; Rule 59, FRCivP; Rule 59.02, Minnesota Rules of Civil Procedure.
SUPERSEDED: Section 28-1901, 28-1902, 28-1903, 28-1904, 28-1905, 28-1906, 28-1907, NDRC 1943; 28-18-06, 28-18-09, 28-27-27, NDCC.
CROSS REFERENCE: Rules 50 (Motion for a Directed Verdict), 52 (Findings by the Court), 60 (Relief from Judgment or Order), 61 (Harmless Error) and 62 (Stay of Proceedings to Enforce a Judgment), NDRCivP; Rule 606 (Competency of Juror as Witness), NDREv.