Rule 138 - New Trial; Amendment of Judgmenta.Grounds and procedure. A party may file a motion asking the judge to vacate a verdict, decision, or judgment, and to grant a new trial for any of the following reasons and if the reason has materially affected a party's rights: (1) There has been an irregularity in the proceedings of the court, of the jury, or of the prevailing party, or there has been an order or an abuse of discretion, which has deprived the party of a fair trial.(2) There has been misconduct of the jury or of the prevailing party.(3) An accident or a surprise occurred that a reasonable person could not have foreseen.(4) Newly discovered and material evidence exists that a reasonable person could not have discovered before trial.(5) The jury has awarded excessive or inadequate damages.(6) There has been an error in the admission or rejection of evidence, or in the jury instructions, or there have been other errors of law during trial or during the lawsuit.(7) The jury's verdict was the result of passion or prejudice.(8) The jury's verdict, or the court's decision, findings of fact, or judgment is not justified by the evidence or is contrary to the law. A new trial may be granted as to all issues or only as to issues specified by the judge. A motion for a new trial may be granted on the judge's initiative, or on a ground not specified by a party, within the time provided in section (b) of this rule. [ARCP 59(a)-(c), (f)-(i), (m)]
b.Time for filing. A motion for new trial must be filed within fifteen (15) days after entry of judgment. A motion for new trial after service by publication and default must be filed within one (1) year after the entry of judgment. [ARCP 59(d), (j)] c.Motion to alter or to amend a judgment. A party may file a motion to alter or to amend a judgment if there has been a change in applicable law, or to correct a clear legal error or to prevent a manifest injustice. A motion to alter or to amend a judgment must be filed within fifteen (15) days after entry of judgment. [ARCP 59(l)] Just. Ct. R. Civ. proc. 138
Adopted Aug. 30, 2012, effective 1/1/2013.