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Rule 59 – New Trials; Amendment of Judgments

May 14, 2021 | Civil Procedure, Vermont

(a)Grounds. The court before which an action has been tried may on motion grant a new trial to all or any of the parties and on all or part of the issues for any of the reasons for which new trials or rehearings have heretofore been granted in actions at law or in suits in equity in the courts of this state. A new trial shall not be granted solely on the ground that the damages are excessive until the prevailing party has first been given an opportunity to remit such portion thereof as the court deems to be excessive. A new trial shall not be granted solely on the ground that the damages are inadequate until the defendant has first been given an opportunity to accept an addition to the verdict of such amount as the court deems to be reasonable. A party may accept a remission of a portion of the damages awarded, or an addition to the verdict, conditioned on the outcome of an appeal from the decision of the court that the damages were excessive or inadequate. On a motion for a new trial in an action tried without a jury, the court before which the action has been tried may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.
(b)Time for Motion. A motion for a new trial shall be filed not later than 28 days after the entry of the judgment.
(c)Time for Serving Affidavits. When a motion for new trial is based upon affidavits they shall be filed with the motion. The opposing party has 14 days such service within which to file opposing affidavits, which period may be extended for an additional period not exceeding 14 days either by the court before which the action has been tried for good cause shown or by the parties by written stipulation. Such court may permit reply affidavits.
(d)On Initiative of Court. Not later than 28 days after entry of judgment the court before which the action has been tried of its own initiative may order a new trial for any reason for which it might have granted a new trial on motion of a party. After giving the parties notice and an opportunity to be heard on the matter, such court may grant a motion for a new trial, timely served, for a reason not stated in the motion. In either case the court shall specify in the order the grounds therefor.
(e)Motion To Alter or Amend a Judgment. A motion to alter or amend the judgment shall be filed not later than 28 days after entry of the judgment.
(f)Death or Disability of Court Reporter. When any material part of a transcript of the evidence taken by the official court reporter cannot be obtained because of the reporter’s death or disability, or is otherwise unavailable without the fault of the parties, the court before which the action has been tried may on motion, if it is satisfied that the lack of such transcript prevents a party from effectively prosecuting an appeal, set aside any judgment entered in the action and grant a new trial.

Vt. R. Civ. P. 59

Amended Oct. 19, 1999, eff. Dec. 31, 1999; Oct. 11, 2006, eff. Dec. 11, 2006; amended Sept. 20, 2017, eff. Jan. 1, 2018.

Reporter’s Notes-2018 Amendment

Rule 59(c) is amended to extend its 10-day time period to 14 days consistent with the simultaneous “day is a day” amendments to V.R.C.P. 6. Rules 59(b), (d), and (e) are amended for consistency with the new federal standard for motion practice, which was extended from 10 days to 28 days. The 20-day time period in Rule 59(c) is reduced 14 days so that the total time for filing and serving affidavits may not exceed 30 days.