Rule 59: New Trial; Altering or Amending a Judgment

A motion for new trial under Rule 59 asks the court to set aside the verdict and try the case again. Unlike JMOL under Rule 50, which takes the case away from the jury entirely, a new trial simply gives the parties a do-over before a new jury. Because of this, the standard for granting a new trial is lower than for JMOL.

Common grounds for a new trial include: the verdict is against the clear weight of the evidence (even though a reasonable jury could have reached it), excessive or inadequate damages, prejudicial errors in evidentiary rulings, juror misconduct, newly discovered evidence, or attorney misconduct. In excessive damages cases, the court may condition the denial of a new trial on the plaintiff accepting a reduced amount (remittitur), but under the Seventh Amendment, the court cannot increase a jury's damages award (no additur in federal court).

Rule 59(e) allows a party to file a motion to alter or amend a judgment within 28 days of entry. This is typically used to correct clear errors of law, present newly discovered evidence, or prevent manifest injustice. It is a narrow remedy — it is not a vehicle for rearguing issues already decided.