RULES OF CIVIL PROCEDURE - Supreme Court

(C) Time for serving affidavits. When a motion for a new trial is based uponaffidavits they shall be served with the motion. The opposing party has fourteen days after suchservice within which to serve opposing affidavits, which period may be extended for anadditional period not exceeding twenty-one days either by the court for good cause shown or bythe parties by written stipulation. The court may permit supplemental and reply affidavits.(D) On initiative of court. Not later than twenty-eight days after entry of judgmentthe court of its own initiative may order a new trial for any reason for which it might havegranted a new trial on motion of a party.The court may also grant a motion for a new trial, timely served by a party, for a reasonnot stated in the party’s motion. In such case the court shall give the parties notice and anopportunity to be heard on the matter. The court shall specify the grounds for new trial in theorder.[Effective: July 1, 1970; amended effective July 1, 1996; July 1, 2013.]Staff Notes (July 1, 2013 Amendments)Rule 59(B) is amended to extend the time for serving a motion for new trial to 28 days after theentry of the judgment. This change is modeled on the 2009 amendment to Fed.R.Civ.P. 59(b) and ismade for the same reasons that prompted the amendment to the federal rule.Rule 59(A) GroundsStaff Note (July 1, 1996 Amendment)The amendment changed the rule’s reference from “referee” to “magistrate” in division (A)(1) inorder to harmonize the rule with the language adopted in the 1995 amendments to Civ. R. 53. Theamendment is technical only and no substantive change is intended.