Grounds include evidentiary error, improper argument, juror misconduct, newly discovered evidence, excessive or inadequate damages, and a verdict against the great weight of the evidence.
Unlike judgment as a matter of law, the trial judge may weigh the evidence and assess credibility in deciding the motion.
Alternative Names:
Rule 59 Motion, New Trial Motion
Why it Matters?
The weight of the evidence standard gives this motion reach that Rule 50 lacks, since the judge may conclude the verdict is against the evidence even where it was legally sufficient. It is also the vehicle for remittitur, offering the plaintiff a reduced award as an alternative to retrial. Grounds based on trial error require contemporaneous objection, so the record built during trial determines what is available afterward.
Frequently Confused with
Related terms
Frequently asked questions
How does this differ from judgment as a matter of law?
Can damages alone justify a new trial?
