RULE 59. NEW TRIALS-AMENDMENT
(c) Time for Motion for New Trial.
A Any motion for a new trial must be made not served and filed no later than the following time after 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;
of Court Notice; Specifying Grounds. Not No later than 10 15 days after notice of entry of judgment, the court of its own initiative may order a new trial for any reason for which it might have granted a new trial on that would justify granting a new trial on a party's motion of a party. After giving the parties notice and an opportunity to be heard on the matter, the court may grant a timely motion for a new trial , timely served, for a reason not stated in the motion. In either case When granting a new trial on its own initiative or for a reason not stated in a motion, the court shall specify in the order the grounds in its order therefor.
(j) Motion to Alter or Amend a Judgment.
A Any motion to alter or amend the a judgment must be served and filed no not later than 10 15 days after notice of entry of the judgment.
Rule 59 was amended, effective January 1, 1979; September 1, 1983; March 1, 1997; March 1, 1998.
Subdivision (e) was repealed, effective March 1, 1997.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SUPERSEDED: Section 28-1901, 28-1902, 28-1903, 28-1904, 28-1905, 28-1906, 28-1907, NDRC 1943; 28-18-06, 28-18-09, 28-27-27, NDCC.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.