RULE 59. NEW TRIALS-AMENDMENT OF JUDGMENTS NEW TRIAL; AMENDING A JUDGMENT
(a) New Trial-Defined. A new trial is a re-examination of an issue of fact in the same court, after a trial and decision by a jury, court, or by a referee.
(b) Causes Grounds for New Trial.
The former verdict or other decision may be vacated and a new trial granted on the application of a party aggrieved for any of the following causes materially affecting the substantial rights of the party:
The court may, on motion of an aggrieved party, vacate the former verdict or decision and grant a new trial on any of the following grounds materially affecting the substantial rights of the party:
1. (1) Irregularity irregularity in the proceedings of the court, jury, or adverse party, or any court order of the court or abuse of discretion by which either party was that prevented a party from having a fair trial;
2. (2) Misconduct of the jury jury misconduct, and whenever any if a juror has been induced to assent to any general or special verdict or to a finding on any question submitted to the jurors by the court by a resort to the determination of arrived at by chance, the misconduct may be proved proven by the a juror’s affidavit of any one of the jurors;
3. (3) Accident accident or surprise which that ordinary prudence could not have guarded against;
4. (4) Newly newly discovered evidence material to the moving party making the application, which he could not, with reasonable diligence, have been discovered and produced at the trial;
5. (5) Excessive excessive damages appearing to have been given awarded under the influence of passion or prejudice, but when a new trial is asked for requested on this ground and it appears that the passion and or prejudice affected only the amount of damages allowed awarded and did not influence the jury’s findings of the jury on other issues in the case, the trial district court, on hearing the motion, and the supreme court, on appeal, may order a reduction of the verdict in lieu instead of a new trial or order that a new trial be had unless the prevailing party in whose favor the verdict was given remits the excess of damages;
6. (6) Insufficiency of the insufficient evidence to justify the verdict or other decision, or that it the verdict is against the law;
7. (7) Errors errors in law occurring at the trial and, when required, excepted objected to by the moving party making the application; or
8. If without fault or negligence on the part of the party aggrieved, such party is unable to obtain or secure a correct and complete transcript of the testimony and instructions given and proceedings had at the trial.
(8) if the aggrieved party, through no fault or negligence of that party, is unable to obtain a correct and complete transcript of the testimony and instructions given and proceedings had at trial.
(c) Time for to File a Motion for a New Trial. Any A motion for a new trial must be served and filed no later than the following time after notice of entry of judgment:
1. (1) Upon On the ground of newly discovered evidence, within 6 six months; and
2. (2) Upon On any other ground, within 60 days, unless the court, for good cause shown, extends the time.
(d) Upon On What Motion for New Trial Made. A motion for a new trial may be made upon on the files, exhibits, and minutes of the court. Pertinent Relevant facts not a part of in the minutes may be shown by affidavit. Either party may procure obtain a complete or partial transcript of the proceedings for use upon on the hearing of the motion.
(e) [RESERVED FOR FUTURE USE].
(f) Memorandum of Decision on Motion for New Trial. With all orders granting or refusing denying a new trial, the judge court shall must file a written memorandum concisely stating the different grounds on which the ruling is based., and unless Unless the insufficiency or unsatisfactory nature of the evidence is expressly stated in the memorandum as a reason for granting the new trial, it must be presumed, on appeal, that it was not on that ground.
(g) Jury Verdict Vacated by Court. The verdict of a jury also may be vacated and a new trial granted by the court in which the action is pending on its own motion without the application of either of the parties, when there has been such plain disregard by the jury of the instructions of the court or of the evidence in the case as to satisfy the court that the verdict was rendered under a misapprehension of the instructions or under the influence of passion or prejudice.
The court in which the action is pending, on its own motion, may vacate the jury’s verdict and grant a new trial if the jury has plainly disregarded the court’s instructions or the evidence in the case is such that it convinces the court the verdict was rendered under a misapprehension of the instructions or under the influence of passion or prejudice.
(h) Upon On Trial to the Court. In granting a new trial in an action tried without a jury, the court, without vacating the entered judgment if one has been entered, may limit the trial to one or more issues or to the taking of take additional testimony on one or more issues and shall must confirm or amend the findings of fact and conclusions of law or make new findings and conclusions. If a judgment has been entered, the court may vacate it and enter a new judgment or may amend it to conform to the findings of fact and conclusions of law finally made by the court.
(i) On Court's Initiative; Notice; Specifying Grounds New Trial on the Court's Initiative or for Reasons Not in the Motion.
No later than 15 days after 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.
No later than 28 days after notice of entry of judgment, the court, on its own, may order a new trial for any reason that would justify granting one 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. In either event, the court must specify the reasons in its order.
(j) Motion to Alter or Amend a Judgment. Any A motion to alter or amend a judgment must be served and filed no later than 15 28 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.
Subdivision (i) was amended, effective _____________, to increase the time for a court to order a new trial on its own from 15 to 28 days after notice of entry of judgment.
Subdivision (j) was amended, effective _____________, to increase the time to file a motion to alter or amend a judgment from 15 to 28 days after notice of entry of judgment.
Rule 59 was amended, effective _______________, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Sources: Joint Procedure Committee Minutes of _________________; January 28-29, 2010, pages 10-11; 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 Fed.R.Civ.P. 59, FRCivP; Rule Minn. R. Civ. P. 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, N.D.C.C.
Cross Reference: Rules N.D.R.Civ.P. 50 (Motion for a Directed Verdict), N.D.R.Civ.P. 52 (Findings by the Court), N.D.R.Civ.P. 60 (Relief from Judgment or Order), N.D.R.Civ.P. 61 (Harmless Error), and N.D.R.Civ.P. 62 (Stay of Proceedings to Enforce a Judgment), N.D.R.Civ.P.; Rule N.D.R.Ev. 606 (Competency of Juror as Witness), N.D.R.Ev..