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Rule 59 – New Trials: Amendment of Judgments

May 13, 2021 | Civil Procedure, Maine

(a) Grounds. The justice or judge before whom 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 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 judges 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 judges to be reasonable. On a motion for a new trial in an action tried without a jury, the justice or judge before whom 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 14 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 served with the motion. The opposing party shall serve opposing affidavits within 24 days after the entry of judgment, which period may be extended for an additional period either by the justice or judge before whom the action has been tried for good cause shown or by the parties by written stipulation. Such justice or judge may permit reply affidavits.
(d) On Initiative of Court. Not later than 10 days after entry of judgment the justice or judge before whom the action has been tried without motion of a party may order a new trial for any reason for which the justice or judge 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, the 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 14 days after entry of the judgment. A motion for reconsideration of the judgment shall be treated as a motion to alter or amend the judgment.
(f) Unavailability of Transcript. When any material part of a transcript of the evidence taken cannot be obtained because of an official Court Reporter’s death or disability, or because of a technical failure of an electronic transcription, the justice or judge before whom the action has been tried may on motion, if the justice or judge 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.

Me. R. Civ. P. 59

Amended June 19, 2014, effective September 1, 2014;October 7, 2014, effective November 1, 2014.

Advisory Note – October 2014

Rule 59(c) is amended to require service of affidavits in opposition to a motion for new trial within 24 days after the entry of judgment. The rule formerly required service of such affidavits within 10 days after service of the affidavits offered in support of the motion for new trial.

Advisory Note – June 2014

See Advisory Note – June 2014 to M.R. Civ. P. 52.

Advisory Committees Notes

May 1, 2000

Rule 59(e) is amended to add a new last sentence making clear that a motion to reconsider the judgment is a motion to alter or amend the judgment, thereby removing confusion as to whether the appeal period is suspended until the court can dispose of the motion. Motions to reconsider should not be filed under Rule 60. A corresponding amendment to Rule 7(b) discourages such motions and permits the court to dispose of motions to reconsider without waiting for opposition to be filed.

Subdivision (f) is revised to address unavailability of transcript whether the availability relates to problems with an official court reporter or the electronic recording division.

Annotations:

Rule 59(e): Southern Maine Properties v. Johnson -1999 ME 37, 5.