Rule 59.New trial, reconsideration, and amendment of judgments

Group 7: Judgment · Last amended April 28, 2015 · Last verified July 13, 2026

In one sentenceRule 59 lists nine grounds on which a party can ask the court to vacate a verdict or other decision and grant a new trial or reconsideration, and sets a 10-day deadline to file the motion and a 30-day deadline to have it heard.

Full Text of Rule 59

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j)

(a) Grounds for new trial or reconsideration. On the motion of the party aggrieved, a verdict may be vacated and a new trial granted to all or any of the parties, and on all issues, or on some of the issues when such issues are clearly and fairly separable and distinct, or any other decision or order may be vacated and reconsideration granted. Such motion may be granted for any one of the following causes materially affecting the substantial rights of such parties:

(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 a fair trial;

(2) Misconduct of prevailing party or jury; and whenever any one or more of the jurors shall have been induced to assent to any general or special verdict or to a finding on any question or questions submitted to the jury by the court, other and different from the juror’s own conclusions, and arrived at by a resort to the determination of chance or lot, such misconduct may be proved by the affidavits of one or more of the jurors;

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

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

(5) Damages so excessive or inadequate as unmistakably to indicate that the verdict must have been the result of passion or prejudice;

(6) Error in the assessment of the amount of recovery whether too large or too small, when the action is upon a contract, or for the injury or detention of property;

(7) That there is no evidence or reasonable inference from the evidence to justify the verdict or the decision, or that it is contrary to law;

(8) Error in law occurring at the trial and objected to at the time by the party making the application;

(9) That substantial justice has not been done.

(b) Time for motion; contents of motion. A motion for a new trial or for reconsideration shall be filed not later than 10 days after the entry of the judgment, order, or other decision. The motion shall be noted at the time it is filed, to be heard or otherwise considered within 30 days after the entry of the judgment, order, or other decision, unless the court directs otherwise. A motion for a new trial or for reconsideration shall identify the specific reasons in fact and law as to each ground on which the motion is based.

(c) Time for serving affidavits. When a motion for new trial is based on affidavits, they shall be filed with the motion. The opposing party has 10 days after service to file opposing affidavits, but that period may be extended for up to 20 days, either by the court for good cause or by the parties’ written stipulation. The court may permit reply affidavits.

(d) On initiative of court. Not later than 10 days after entry of judgment, the court on its own initiative may order a hearing on its proposed order for a new trial for any reason for which it might have granted a new trial on motion of a party. After giving the parties notice and opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion. When granting a new trial on its own initiative or for a reason not stated in a motion, the court shall specify the grounds in its order.

(e) Hearing on motion. When a motion for reconsideration or for a new trial is filed, the judge by whom it is to be heard may on the judge’s own motion or on application determine:

(1) Time of hearing. Whether the motion shall be heard before the entry of judgment;

(2) Consolidation of hearings. Whether the motion shall be heard before or at the same time as the presentation of the findings and conclusions and/or judgment, and the hearing on any other pending motion; and/or

(3) Nature of hearing. Whether the motion or motions and presentation shall be heard on oral argument or submitted on briefs, and if on briefs, shall fix the time within which the briefs shall be served and filed.

(f) Statement of reasons. In all cases where the trial court grants a motion for a new trial, it shall, in the order granting the motion, state whether the order is based upon the record or upon facts and circumstances outside the record that cannot be made a part thereof. If the order is based upon the record, the court shall give definite reasons of law and facts for its order. If the order is based upon matters outside the record, the court shall state the facts and circumstances upon which it relied.

(g) Reopening judgment. 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.

(h) Motion to alter or amend judgment. A motion to alter or amend the judgment shall be filed not later than 10 days after entry of the judgment.

(i) Alternative motions, etc. Alternative motions for judgment as a matter of law and for a new trial may be made in accordance with rule 50(c).

(j) Limit on motions. If a motion for reconsideration, or for a new trial, or for judgment as a matter of law, is made and heard before the entry of the judgment, no further motion may be made without leave of the court first obtained for good cause shown: (1) for a new trial, (2) pursuant to sections (g), (h), and (i) of this rule, or (3) under rule 52(b).

End

Amendment History

Prior: 59(a), 59(b) and 59(f), RPPP Rule 59.04W; 59(e), RPPP Rule 8.08W(3); 59(i), RPPP Rule 59.08W Part. Adopted May 5, 1967, effective July 1, 1967; amended, adopted May 7, 1980, effective July 1, 1980; amended, adopted June 14, 1984, effective Sept. 1, 1984; amended, adopted June 12, 1989, effective Sept. 1, 1989; amended June 2, 2005, effective Sept. 1, 2005; amended, effective April 28, 2015.

Plain-English Summary

Rule 59(a) gives a losing party nine distinct grounds for asking the court to undo a verdict, or any other decision or order, and either grant a new trial or reconsider. They range from procedural irregularities and jury or party misconduct, to accident or surprise that ordinary prudence could not have guarded against, newly discovered evidence the party could not have found and produced at trial with reasonable diligence, damages so far out of line with the evidence that they suggest passion or prejudice, miscalculated recovery in a contract or property case, a verdict with no evidentiary support or one contrary to law, a preserved legal error at trial, and the catch-all ground that substantial justice was not done. A motion can target the whole case, or only issues that stand cleanly apart from the rest.

Timing is unforgiving. The motion must be filed no later than 10 days after entry of the judgment, order, or decision being challenged, and it must identify the specific factual and legal reasons behind each ground raised. It also has to be noted for a hearing, or otherwise set for consideration, within 30 days of that same entry, unless the court directs otherwise. When the motion rests on affidavits, those affidavits are filed with the motion, and the opposing side gets 10 days after service to file its own — a window the court can extend for good cause, or the parties can extend by written stipulation, for up to 20 additional days. The court can also permit reply affidavits.

A trial court is not limited to what the parties raise. Within 10 days of entry of judgment, the court can order a hearing on its own proposed new-trial order, for any ground on which it could have granted a new trial on motion, and after giving the parties notice and a chance to be heard, it can grant a new trial for a reason no one raised. Whenever a court grants a new trial — on a party's motion, its own initiative, or a ground not argued — Rule 59(f) requires it to state whether the order rests on the trial record or on facts outside it, and to give its reasons in either case.

Rule 59 also covers reopening a bench-trial judgment to take more evidence or amend findings, and a separate motion to alter or amend the judgment, which likewise must be filed within 10 days of entry. Alternative motions for judgment as a matter of law and a new trial can be combined under Rule 50(c). And once a motion for reconsideration, a new trial, or judgment as a matter of law has been made and heard before judgment is entered, Rule 59(j) blocks a further motion under this rule, Rule 52(b), without leave of court for good cause.

Frequently Asked Questions

What are the grounds for a new trial or reconsideration under Rule 59?

Nine are listed: irregularity in the proceedings or an abuse of discretion that denied a fair trial, misconduct of the prevailing party or jury, accident or surprise ordinary prudence could not have prevented, newly discovered evidence, excessive or inadequate damages suggesting passion or prejudice, a miscalculated recovery in a contract or property case, a verdict with no evidentiary support or one contrary to law, a preserved legal error at trial, and the ground that substantial justice was not done.

How long do I have to file a motion for a new trial or reconsideration?

Rule 59(b) requires the motion to be filed no later than 10 days after entry of the judgment, order, or decision, and it must be noted to be heard or considered within 30 days of that entry, unless the court directs otherwise.

How long does the opposing side have to respond with counter-affidavits?

Rule 59(c) gives the opposing party 10 days after service to file opposing affidavits, and that period can be extended up to 20 days by the court for good cause or by written stipulation of the parties.

Can the court order a new trial on its own, without a motion?

Yes. Within 10 days after entry of judgment, the court can order a hearing on its own proposed new-trial order for any reason that would have supported granting a new trial on a party's motion, and it can grant a new trial for a reason no motion raised after giving the parties notice and an opportunity to be heard.

Does the court have to explain why it granted a new trial?

Yes. Rule 59(f) requires the order to state whether it rests on the trial record or on matters outside the record, and to give the court's reasons either way.

What is the deadline for a motion to alter or amend the judgment?

Rule 59(h) requires that motion to be filed no later than 10 days after entry of the judgment.

Can I file more than one post-trial motion?

Once a motion for reconsideration, a new trial, or judgment as a matter of law has been made and heard before entry of judgment, Rule 59(j) bars a further motion for a new trial, under sections (g), (h), or (i), or under Rule 52(b), without leave of court for good cause shown.

Source & verification. Rule text and amendment history are reproduced verbatim from the Washington Superior Court Civil Rules, adopted by the Supreme Court of Washington. Last verified July 13, 2026. · Official source

Also known as: motion for new trial Washingtonmotion for reconsideration Washington superior courtCR 59grounds for a new trial Washington10 day deadline reconsideration Washingtonmotion to alter or amend judgment Washington