Rule 59: New Trial; Altering or Amending a Judgment Flashcards
May a party seek a new trial by filing a motion in the trial court? (Q)
Yes. A party may file a motion for a new trial. This motion is filed in the trial court and provides a way to obtain a new trial without an appeal.
How long does a party have to file a motion for a new trial? (Q)
A party must file a motion for a new trial within 28 days after the entry of judgment.
May the court order a new trial both on its own initiative and for reasons not raised in a party’s motion? (Q)
Yes. The court may order a new trial on its own initiative, without awaiting a motion by a party. If a motion for a new trial is filed, the court may also grant a new trial for reasons not raised by the motion.
What do the Federal Rules of Civil Procedure describe as the permissible reasons for granting a new trial? (Q)
The federal rules state that the court may grant a new trial based on any reason for which federal courts have granted new trials in the past. The Federal Rules of Civil Procedure were enacted in 1938; thus, this rule adopts the preexisting practices of the federal courts with respect to new trials.
What are some of the primary grounds on which the federal courts will grant new trials? (Q)
Some of the primary grounds on which the federal courts will grant new trials are:
the verdict is against the clear or manifest weight of the evidence,
the jury awarded excessive damages,
prejudicial error occurred at trial, or
the trial was otherwise unfair.
In ruling on a motion for a new trial, must the court construe the evidence in favor of the nonmoving party? (Q)
No. Unlike on a motion for summary judgment, or a motion for judgment as a matter of law, the court in ruling on a motion for a new trial is not required to construe the evidence in favor of the nonmoving party. In other words, on a motion for a new trial, the court may weigh the evidence, evaluate the credibility of the witnesses, and draw inferences for itself.
What is remittiur? (Q)
Remittitur is the reduction of a jury’s damages award. Remittitur is used when the trial judge believes the jury decided correctly on the issue of liability but awarded an excessive amount of damages.
A judge applying remittitur may either reduce the award outright or offer the alternative of a new trial. In other words, the judge may rule that a new trial will be held unless the plaintiff agrees to accept some reduced amount of damages. Remittitur is permitted in the federal courts.
A plaintiff sued a defendant in federal court. At trial, the defendant moved for judgment as a matter of law, arguing that the plaintiff’s sole witness was not credible. Although the judge agreed that the witness was not credible, the judge denied the motion because she did not believe that she was free to evaluate witness credibility. The trial resulted in a verdict and judgment in favor of the plaintiff. The defendant filed a timely motion for a new trial, arguing that the verdict was against the manifest weight of the evidence because the plaintiff’s only witness was not credible. The judge continued to believe that the witness was not credible.
May the judge grant a new trial based on her view of the witness’s credibility? (Q)
Yes. One of the primary grounds for a new trial in federal court is that the verdict was against the manifest weight of the evidence. On a motion for a new trial, the court is not required to view the evidence in favor of the nonmoving party. This means that the judge is free to evaluate witness credibility for herself in deciding the motion. This is a different standard from a motion for judgment as a matter of law, under which the judge is not free to make credibility determinations.
Here, the judge correctly declined to grant judgment as a matter of law based on her view of the witness’s credibility. On a motion for a new trial, however, the judge is free to act on her own views of credibility. Thus, the judge may grant a new trial based on her belief that the sole witness was not credible.
What is additur? (Q)
Additur allows the trial judge to increase the jury’s damages award if the judge believes that the award was too small. Additur is not permitted in the federal courts, because it violates the defendant’s right to a trial by jury.
