(a) Grounds. A new trial may be granted to all or any of the parties and on all or part of the issues (1) in an action in which there has been a trial by jury, for any of the reasons for which new trials have heretofore been granted in actions at law in the courts of the United States; and (2) in an action tried without a jury, for any of the reasons for which rehearings have heretofore been granted in suits in equity in the courts of the United States. On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.
(b) Time for Motion. Any motion for a new trial shall be filed no later than 10 days after entry of the judgment.
(c) Time for Serving Affidavits. When a motion for new trial is based on affidavits, they shall be filed with the motion. The opposing party has 10 days after service to file opposing affidavits, but that period may be extended for up to 20 days, either by the court for good cause or by the parties’ written stipulation. The court may permit reply affidavits.
(d) On Court ’ s Initiative; Notice; Specifying Grounds. No later than 10 days after 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. 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.
(e) Motion to Alter or Amend Judgment. Any motion to alter or amend a judgment shall be filed no later than 10 days after entry of the judgment.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Feb. 28, 1966, eff. July 1, 1966; Apr. 27, 1995, eff. Dec. 1, 1995.)
added in current removed in current
Compared to current version (2025).
(a) In General.
(1) Grounds. A n for New tTrial may be granted to all or any of the parties and. The court may, on motion, grant a new trial on all or partsome of the issues (1) in an action in which there has been a trial by jury-and to any party-as follows:
(A) after a jury trial, for any of the reasons for which a new trials haves heretofore been granted in an actions at law in thefederal courts; of the United States; and (2) in an action tried without a juryr
(B) after a nonjury trial, for any of the reasons for which a rehearings haves heretofore been granted in a suits in equity in the courts of the United States. On a motion for a new trial in an action tried withfederal court.
(2) Further Action After a Nonjury Trial. After a nonjury trial, the court a jury, the court maymay, on motion for a new trial, open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusiones, and direct the entry of a new judgment.
(b) Time for Motionto File a Motion for a New Trial. Any motion for a new trial shallmust be filed no later than 1028 days after the entry of the judgment.
(c) Time forto Servinge Affidavits. When a motion for a new trial is based on affidavits, they shallmust be filed with the motion. The opposing party has 104 days after being serviced to file opposing affidavits, but that period may be extended for up to 20 days, either by the court for good cause or by the parties’ written stipulation. The court may permit reply affidavits.
(d) OnNew Trial on the Court ’ s Initiative; Notice; Specifying Grounds or for Reasons Not in the Motion. No later than 1028 days after the 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. When granting a new trial on its own initiative or for a reason not stated in a motionIn either event, the court shallmust specify the groundreasons in its order.
(e) Motion to Alter or Amend a Judgment. Any motion to alter or amend a judgment shallmust be filed no later than 1028 days after the entry of the judgment.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Feb. 28, 1966, eff. July 1, 1966; Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.)