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Rule 2-533 – Motion for New Trial

May 13, 2021 | Civil Prodcedure, Maryland

(a)Time for Filing. Any party may file a motion for new trial within ten days after entry of judgment. A party whose verdict has been set aside on a motion for judgment notwithstanding the verdict or a party whose judgment has been amended on a motion to amend the judgment may file a motion for new trial within ten days after entry of the judgment notwithstanding the verdict or the amended judgment. A motion for new trial filed after the announcement or signing by the trial court of a judgment or the return of a verdict but before entry of the judgment on the docket shall be treated as filed on the same day as, but after, the entry on the docket.

Cross reference: See Rule 8-205 requiring notice to the Clerk of the Court of Special Appeals of information not disclosed in an information report regarding the filing of a motion under this Rule, or its withdrawal or disposition.

(b)Grounds. All grounds advanced in support of the motion shall be filed in writing within the time prescribed for the filing of the motion, and no other grounds shall thereafter be assigned without leave of court.
(c)Disposition. The court may set aside all or part of any judgment entered and grant a new trial to all or any of the parties and on all of the issues, or some of the issues if the issues are fairly severable. If a partial new trial is granted, the judge may direct the entry of judgment as to the remaining parties or issues or stay the entry of judgment until after the new trial. When a motion for new trial is joined with a motion for judgment notwithstanding the verdict and the motion for judgment notwithstanding the verdict is granted, the court at the same time shall decide whether to grant that party’s motion for new trial if the judgment is thereafter reversed on appeal.
(d)Costs. If a trial or appellate court has ordered the payment of costs as a part of its action in granting a new trial, the trial court may order all further proceedings stayed until the costs have been paid.

Md. R. Civ. P. Cir. Ct. 2-533

This Rule is derived as follows:

Section (a) is derived in part from the 1966 version of Fed. R. Civ. P. 59(b) and is in part new. It replaces former Rules 567 a and 690.

Section (b) is derived from former Rule 567 b.

Section (c) is derived from former Rules 567 c and 563 b 3.

Section (d) is derived from former Rule 567 e.

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Adopted April 6, 1984, eff. July 1, 1984. Amended Oct. 31, 2002, eff. Jan. 1, 2003; Nov. 12, 2003, eff. Jan. 1, 2004; May 8, 2007, eff. July 1, 2007.

HISTORICAL NOTES

2002 Orders

The October 31, 2002, order added the cross reference following section (a).

2003 Orders

The November 12, 2003, order amended the source note.

2007 Orders

The May 8, 2007, order amended section (a) by adding “A motion for new trial filed after the announcement or signing by the trial court of a judgment or the return of a verdict but before entry of the judgment on the docket shall be treated as filed on the same day as, but after, the entry on the docket.” as the last sentence.