The motion must generally be filed within 28 days of judgment in federal civil cases and 14 days in criminal cases (with exceptions for newly discovered evidence). Unlike judgment as a matter of law, the judge acts as a "thirteenth juror" and may weigh the evidence and assess credibility when considering whether the verdict is against the weight of the evidence. Courts grant new trials sparingly, recognizing the substantial costs of retrial and the deference owed to jury verdicts. If granted, the entire case is retried before a new jury.
Attorney: "Your Honor, we move for a new trial on the ground that Juror Number 5 conducted independent internet research during deliberations and shared that information with other jurors, in direct violation of the Court's instructions."
Attorney: "We move for a new trial based on newly discovered evidence. A previously unknown witness has come forward with exculpatory testimony that could not have been discovered through reasonable diligence before trial."
Judge: "I have reviewed the motion for new trial. While I might have reached a different conclusion than the jury, I cannot say the verdict is against the manifest weight of the evidence. The motion is denied."
Students often assume that any trial error automatically entitles a party to a new trial. Most errors must be both preserved by timely objection and prejudicial — meaning they likely affected the outcome — to warrant a new trial.
Gasperini v. Center for Humanities, Inc., 518 U.S. 415 (1996)
Addressed the standard for new trial based on excessive damages in diversity cases, applying abuse of discretion standard.
Unitherm Food Systems, Inc. v. Swift-Eckrich, Inc., 546 U.S. 394 (2006)
Held that a party who fails to file renewed JMOL post-verdict may still seek a new trial under Rule 59.
Molina-Martinez v. United States, 578 U.S. 189 (2016)
Clarified the plain-error standard for new trials in criminal cases where sentencing guideline errors occurred.
| Motion for New Trial (Rule 59) | Renewed Motion for JMOL (Rule 50(b)) |
|---|---|
| Asks the court to retry the case | Asks the court to enter judgment for the movant |
| Verdict was against the weight of evidence | No reasonable jury could reach this verdict |
| Broader grounds (errors, misconduct, new evidence) | Limited to legal insufficiency of evidence |
| Court exercises discretion | Court applies reasonable-jury standard |
| Results in a new trial if granted | Results in judgment without a new trial |
On what grounds can a motion for new trial be granted?
Under FRCP 59(a): errors of law, verdict against the great weight of evidence, newly discovered evidence, juror misconduct, prejudicial irregularities, or excessive/inadequate damages.
What is the deadline for filing?
In federal court, 28 days after entry of judgment under Rule 59(b). In criminal cases, Rule 33 allows 14 days after the guilty verdict, or 3 years if based on newly discovered evidence.
How does a motion for new trial differ from an appeal?
A motion for new trial is filed in the trial court asking the same judge for a do-over. An appeal goes to a higher court arguing reversible legal error. The motion must typically be decided before an appeal is perfected.
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