Rule 59.New Trials; Amendment of Judgments.

A new trial can be granted on any or all issues, for any reason new trials were traditionally granted in jury cases at law, or, in a case tried without a jury, for any reason rehearings were traditionally granted in equity; in a bench trial, the court can also reopen the judgment, take more testimony, and revise or make new findings and conclusions before entering a new judgment. A motion for a new trial must be filed no later than 10 days after judgment, and if it rests on affidavits, those must be filed with the motion, with the opposing side getting 10 days to respond (extendable up to 20 days by the court or by written stipulation) and the court free to allow reply affidavits.

The court can also order a new trial on its own initiative within 10 days of judgment, for any reason that would justify granting one on a party's motion, or grant a timely motion for reasons the moving party never raised, so long as the parties get notice and a chance to be heard first; either way, the court must spell out its grounds in the order. A motion to alter or amend the judgment follows the same 10-day deadline as a motion for a new trial.