Post-Trial Motion

Post-Trial Motion

Post-Trial Motion

Post-trial motions include renewed judgment as a matter of law, motion for new trial, and motion to alter or amend the judgment. They must be filed within short deadlines measured from entry of judgment.

Federal deadlines are 28 days for most post-trial motions and are not extendable.

Alternative Names:

Post-Trial Motions, Post-Verdict Motion

Why it Matters?

The deadlines are jurisdictional in effect and unforgiving, and a timely post-trial motion also tolls the appeal deadline while it is pending. Substantively these motions matter because certain arguments must be raised here to be preserved, particularly sufficiency of the evidence, which is generally waived on appeal without a renewed Rule 50 motion. Treating post-trial practice as optional forfeits appellate issues that were properly preserved at trial.

Frequently Confused with

Frequently asked questions

How long is the deadline for post-trial motions?

Does filing toll the appeal deadline?