Rule 64.New Trials

Current through June 1, 2026 · Last verified July 11, 2026

In one sentenceRule 64 lets a party ask the trial court to set aside a judgment and try the case again, listing separate grounds for jury trials and court trials, along with the deadlines for filing the motion, supporting it with affidavits, and getting a ruling.

Full Text of Rule 64

Text sizeJump to: A. B. C. D. E.

A. NEW TRIAL DEFINED A new trial is a re-examination of an issue of fact in the same court after judgment.

B. JURY TRIAL; GROUNDS FOR NEW TRIAL A former judgment may be set aside and a new trial granted in an action where there has been a trial by jury on the motion of the party aggrieved for any of the following causes materially affecting the substantial rights of such party:

(1) Irregularity in the proceedings of the court, jury or adverse party, or any order of the court, or abuse of discretion, by which such party was prevented from having fair trial.

(2) Misconduct of the jury or prevailing party.

(3) Accident or surprise which ordinary prudence could not have guarded against.

(4) Newly discovered evidence, material for the party making the application, which such party could not with reasonable diligence have discovered and produced at the trial.

(5) Insufficiency of the evidence to justify the verdict or other decision, or that it is against law.

(6) Error in law occurring at the trial and objected to or excepted to by the party making the application.

C. NEW TRIAL IN CASE TRIED WITHOUT A JURY In an action tried without a jury, a former judgment may be set aside and a new trial granted on motion of the party aggrieved on any grounds set forth in section B. of this rule where applicable. 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.

D. SPECIFICATION OF GROUNDS OF MOTION; WHEN MOTION MUST BE ON AFFIDAVITS OR DECLARATIONS In all cases of motion for a new trial, the grounds thereof shall be plainly specified, and no cause of new trial not so stated shall be considered or regarded by the court. When the motion is made for a cause mentioned in subsections (1) through (4) of section B. of this rule, it shall be upon affidavit or declaration setting forth the facts upon which the motion is based. If the cause is newly discovered evidence, the affidavits or declarations of any witness or witnesses showing what their testimony will be, shall be produced, or good reasons shown for their nonproduction.

E. WHEN COUNTERAFFIDAVITS OR COUNTERDECLARA-TIONS ARE ALLOWED; FORMER PROCEEDINGS CONSIDERED If the motion is supported by affidavits or declarations, counteraffidavits or counterdeclarations may be offered by the adverse party. In the consideration of any motion for a new trial, reference may be had to any proceedings in the case prior to the verdict or other decision sought to be set aside. F.(1) Time of motion; counteraffidavits or counterdeclarations; hearing and determination. A motion to set aside a judgment and for a new trial, with the affidavits or declarations, if any, in support thereof, shall be filed not later than 10 days after the entry of the judgment sought to be set aside, or such further time as the court may allow. When the adverse party is entitled to oppose the motion by counteraffidavits or counterdeclarations, such party shall file the same within 10 days after the filing of the motion, or such further time as the court may allow. The motion shall be heard and determined by the court within 55 days from the time of the entry of the judgment, and not thereafter, and if not so heard and determined within said time, the motion shall conclusively be deemed denied. F.(2) Effect of notice of appeal. A motion for new trial filed within the time limit prescribed in subsection (1) of this section may be filed notwithstanding that another party has filed notice of appeal in the case and the trial court may decide the motion notwithstanding that notice of appeal has been filed. If a party files a motion for new trial after notice of appeal has been filed, the moving party shall serve a copy of the motion on the appellate court. If the trial court decides the motion by order, the moving party shall file a copy of the order in the appellate court within seven days of the date of entry of the order. Any necessary modification of the appeal required by the order shall be pursuant to rule of the appellate court. G. NEW TRIAL ON COURT'S OWN INITIATIVE If a new trial is granted by the court on its own initiative, the order shall so state and shall be made within 30 days after the entry of the judgment. Such order shall contain a statement setting forth fully the grounds upon which the order was made, which statement shall be a part of the record in the case.

End

Amendment History

[CCP 12/2/78; § B amended by 1979 c.284 § 39; §§ F, G amended by CCP 12/13/80; §§ D-F amended by 2003 c.194 § 12 eff. 1/1/04; § F amended by CCP 12/9/06, eff. 1/1/08]

Plain-English Summary

A new trial under Rule 64 is a do-over of a factual question in the same court, after judgment has already been entered. For cases tried to a jury, section B lists six grounds a party can raise: irregularities in the proceedings or an abuse of discretion that kept the party from a fair trial, misconduct by the jury or the prevailing party, accident or surprise ordinary care could not have prevented, newly discovered evidence the party could not have found and produced at trial with reasonable diligence, evidence too thin to support the verdict or a verdict against the law, and legal error at trial that was objected to at the time. Section C carries the same grounds over to cases tried without a jury, but gives the judge a lighter-touch option: instead of ordering a full new trial, the court can reopen the judgment, take more testimony, amend or rewrite its findings and conclusions, and enter a new judgment on that basis.

The motion has to spell out its grounds plainly — a court will not consider a ground the party never stated. The first four grounds (irregularity, misconduct, accident or surprise, and newly discovered evidence) must be backed by an affidavit or declaration laying out the supporting facts; a newly-discovered-evidence motion also needs affidavits or declarations from the witnesses describing what they would say, or a good reason why that proof is missing. The opposing party can answer with its own counteraffidavits or counterdeclarations. Filing deadlines mirror Rule 63’s: the motion is due not later than 10 days after entry of the judgment (or a court-approved extension), any counteraffidavits are due 10 days after that, and the court must decide the motion within 55 days of the judgment or it is deemed denied. A notice of appeal does not block any of this, though the moving party owes the appellate court copies of the motion and any resulting order. A trial court can also order a new trial on its own, without any motion, but only within 30 days of the judgment, and only with a full statement of its reasons made part of the record.

Frequently Asked Questions

What grounds can support a motion for a new trial after a jury verdict in Oregon?

Rule 64 B lists six: irregularity in the proceedings or an abuse of discretion that denied a fair trial, misconduct of the jury or the prevailing party, accident or surprise ordinary prudence could not have guarded against, newly discovered evidence the party could not have found and produced at trial with reasonable diligence, insufficiency of the evidence to justify the verdict or a verdict against the law, and legal error at trial that was objected to.

Do I need an affidavit to support a motion for a new trial in Oregon?

For four of the six grounds — irregularity, misconduct, accident or surprise, and newly discovered evidence — yes, the motion must be supported by an affidavit or declaration setting out the facts. A newly-discovered-evidence motion also needs affidavits or declarations from the witnesses on what their testimony would be, or a good reason why that is not possible.

How long do I have to move for a new trial in Oregon?

The motion is due not later than 10 days after entry of the judgment, or a further time the court allows. The court then has 55 days from entry of the judgment to hear and decide the motion; if it does not, the motion is deemed denied.

Can a judge grant a new trial without a motion from either party?

Yes. Rule 64 G lets the court order a new trial on its own initiative, but the order must be made within 30 days after entry of the judgment and must fully state the grounds for the record.

Is a new trial available after a case tried without a jury?

Yes. Rule 64 C applies the same grounds where they fit, and also lets the court reopen the judgment, take additional testimony, amend or make new findings of fact and conclusions of law, and enter a new judgment, instead of holding a full new trial.

Source & verification. The rule text is reproduced verbatim from the official Oregon Rules of Civil Procedure (ORCP 64). Prescribed by the Council on Court Procedures (ORS 1.735), subject to amendment, repeal, or supplementation by the Oregon Legislative Assembly. The plain-English summary is original and written by us. Last verified July 11, 2026. · Official source

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