RULE CRLJ 59
            NEW TRIAL, RECONSIDERATION, AND AMENDMENT
                          OF JUDGMENTS


    (a) Grounds for New Trial or Reconsideration. On the motion
of the party aggrieved, a verdict may be vacated and a new trial
granted to all or any of the parties, and on all of the issues,
or on some of the issues when such issues are clearly and fairly
separable and distinct, or any other decision or order may be
vacated and reconsideration granted. Such motion may be granted
for any one of the following causes materially affecting the
substantial rights of such parties:

    (1) Irregularity in the proceedings of the court, jury or
adverse party, or any order of the court, or abuse of discretion,
by which such party was prevented from having a fair trial;

    (2) Misconduct of prevailing party or jury; and whenever any
one or more of the jurors shall have been induced to assent to
any general or special verdict or to a finding on any question or
questions submitted to the jury by the court, other and different
from his own conclusions, and arrived at by a resort to the
determination of chance or lot, such misconduct may be proved by
the affidavits of one or more of the jurors;

    (3) Accident or surprise which ordinary prudence could not
have guarded against;

    (4) Newly discovered evidence, material for the party making
the application, which he could not with reasonable diligence
have discovered and produced at the trial;

    (5) Damages so excessive or inadequate as unmistakably to
indicate that the verdict must have been the result of passion or prejudice;

    (6) Error in the assessment of the amount of recovery whether
too large or too small, when the action is upon a contract, or
for the injury or detention of property;

    (7) That there is no evidence or reasonable inference from
the evidence to justify the verdict or the decision, or that it
is contrary to law;

    (8) Error in law occurring at the trial and objected to at
the time by the party making the application; or

    (9) That substantial justice has not been done.

    (b) Time for Motion; Contents of Motion. A motion for a new
trial or for reconsideration shall be filed not later than 10
days after the entry of the judgment, order, or other decision.
The motion shall be noted at the time it is filed, to be heard or
otherwise considered within 30 days after entry of the judgment,
order, or other decision, unless the court directs otherwise.

    A motion for a new trial or for reconsideration shall
identify the specific reasons in fact and law as to each ground
on which the motion is based.

    (c) Time for Serving Affidavits. When a motion for new trial
is based on affidavits, they shall be filed with the motion. The
opposing party has 10 days after service to file opposing
affidavits, but that period may be extended for up to 20 days,
either by the court for good cause or by the parties' written
stipulation. The court may permit reply affidavits.

    (d) On Initiative of Court. Not later than 10 days after
entry of judgment, the court on its own initiative may order a
hearing on its proposed order for 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,
the court may grant a timely motion for a new trial for a reason
not stated in the motion.  When granting a new trial on its own
initiative or for a reason not stated in the motion, the court
shall specify the grounds in its order.

    (e) Hearing on Motion. When a motion for reconsideration or
for a new trial is served and filed, the judge by whom it is to
be heard may on the judge's own motion or on application determine:

    (1) Time of Hearing. Whether the motion shall be heard before
the entry of judgment;

    (2) Consolidation of Hearings. Whether the motion shall be
heard before or at the same time as the presentation of the
findings and conclusions and/or judgment, and the hearing on any
other pending motion; and

    (3) Nature of Hearing. Whether the motion or motions and
presentation shall be heard on oral argument or submitted on
briefs, and if on briefs, shall fix the time within which the
briefs shall be served and filed.

    (f) Statement of Reasons. In all cases where the trial court
grants a motion for a new trial, it shall, in the order granting
the motion, state whether the order is based upon the record or
upon facts and circumstances outside the record that cannot be
made a part thereof. If the order is based upon the record, the
court shall give definite reasons of law and facts for its order.
If the order is based upon matters outside the record, the court
shall state the facts and circumstances upon which it relied.

    (g) Reopening Judgment. On a motion for a new trial in an
action tried without a jury, the court may open the judgment if
one has been entered, take additional testimony, amend findings
of fact and conclusions of law, and direct the entry of a new judgment.

    (h) Motion To Alter or Amend Judgment. A motion to alter or
amend the judgment shall be filed not later than 10 days after
entry of the judgment.

    (i) Alternative Motions, etc. Alternative motions for
judgment as a matter of law and for a new trial may be made in
accordance with rule 50(c).

    (j) Limit on Motions. If a motion for reconsideration, or for
a new trial, or for judgment as a matter of law, is made and
heard before the entry of the judgment, no further motion may be
made, without leave of the court first obtained for good cause
shown: (1) for a new trial, or (2) pursuant to sections (g), (h),
and (i) of this rule.


[Adopted effective September 1, 1984; September 1, 2005.]