Rule 2.611.New Trials; Amendment of Judgments
Current through May 1, 2026 · Last verified July 6, 2026
Full Text of Rule 2.611
Amendment History
Michigan tracks the orders that adopt and amend its Court Rules in a separate administrative record rather than printing a history note beneath each rule in the compiled rules text reproduced here. The text above is verified current through the source’s own May 1, 2026 update; for the full order-by-order history of this rule, see the Michigan Supreme Court’s rules and orders page.
Plain-English Summary
A new trial can be granted to all or some parties, on all or some issues, whenever a party's substantial rights were materially affected by one of several listed problems: irregularities in the proceedings or an abuse of discretion that denied a fair trial, misconduct by the jury or the prevailing party, damages that look excessive or inadequate because of passion or prejudice, a verdict clearly against the great weight of the evidence or contrary to law, newly discovered evidence that couldn't have been found and used at trial with reasonable diligence, legal error in the proceedings, or any ground listed in Rule 2.612. In a bench trial, the court has extra options on a new-trial motion: it can set aside an existing judgment, take more testimony, amend its findings and conclusions, or make new ones and enter a new judgment altogether.
A motion for a new trial, or to alter or amend the judgment, has to be filed and served within 21 days after judgment, and the court can order a new trial on its own initiative within that same 21 days, stating its grounds. If the supporting facts aren't already part of the record, the motion needs a supporting affidavit, and the opposing party gets 21 days to respond with its own affidavits (extendable by written stipulation or the court for good cause), with reply affidavits and live witness testimony allowed at the court's discretion. Where the only real problem is that the verdict itself was too high or too low, the court has a middle path: deny the new-trial motion on the condition that the nonmoving party consents in writing, within 14 days, to a judgment adjusted to the lowest or highest amount the evidence would support — remittitur or additur — without giving up the right to argue on appeal that the original verdict was correct after all. Whatever the ruling, the court has to give a concise statement of its reasons, and the clerk has to notify the parties of the decision unless it was announced on the record with everyone present.
Frequently Asked Questions
What are the grounds for a new trial in a Michigan civil case?
Among others: procedural irregularities or an abuse of discretion denying a fair trial, jury or prevailing-party misconduct, damages influenced by passion or prejudice, a verdict against the great weight of the evidence, newly discovered evidence, and legal error during the proceedings.
How long do I have to move for a new trial?
The motion must be filed and served within 21 days after entry of judgment; the court can also order a new trial on its own initiative within that same window.
What is remittitur or additur?
A middle-ground option where the court denies a new-trial motion on condition that the nonmoving party accept, within 14 days, a judgment adjusted to the lowest amount the evidence supports (if the verdict was inadequate) or the highest amount it supports (if the verdict was excessive).
Do I need an affidavit to support a new-trial motion?
Only if the facts you're relying on don't already appear in the record; if they don't, the motion must be supported by affidavit, and the opposing party then gets 21 days to file opposing affidavits.