Post-Trial and Appeals

Post-Trial Motions

Rule 59(e) Motion

Rule 59(e) Motion

Rule 59(e) Motion

Rule 59(e) permits a motion to alter or amend a judgment within 28 days of entry. Grounds are limited to manifest error of law or fact, newly discovered evidence, and intervening change in controlling law.

The deadline cannot be extended.

Alternative Names:

Motion to Alter or Amend Judgment, Rule 59(e)

Why it Matters?

Timely filing tolls the appeal deadline, which makes the motion useful even where the substantive prospects are modest, though an untimely motion does not toll and leaves the appeal period running. The 28-day period is not extendable under Rule 6(b), which is a trap for parties seeking additional time. Reargument of positions already rejected is the ground courts reject most often.

Frequently asked questions

Does the motion toll the appeal deadline?

Can the deadline be extended?