Motion for New Trial / to Alter or Amend Judgment (Rule 59)

• Caption: court name, title of the action, file number and document designation (FRCP 10(a))
• Motion stating with particularity the grounds and the relief sought (FRCP 7(b)(1))
• Supporting memorandum of law (form and length set by local rule)
• Supporting declarations or exhibits as needed (28 U.S.C. § 1746)
• Proposed order (required by many local rules)
• Signature of attorney of record with address, email and phone (FRCP 11(a))
• Certificate of service, unless served through the court’s electronic-filing system on registered users (FRCP 5(d)(1)(B))
• Redact Social Security and taxpayer-ID numbers, birth dates, minors’ names and financial-account numbers (FRCP 5.2(a))

Deadline: No later than 28 days after entry of judgment; this deadline cannot be extended (FRCP 59(b), (e); FRCP 6(b)(2)). A timely motion resets the time to appeal (FRAP 4(a)(4)).

• FRCP 59(a)
• FRCP 59(e)
• FRAP 4(a)(4)

• Font, spacing, margin and page-limit rules
• Hearing / notice-of-motion procedure and briefing schedule
• Meet-and-confer certification before filing
• Assigned judge’s individual practices or standing orders

Applies in federal district courts. Find your court for its local requirements.

• Motion for Relief from Judgment (Rule 60)
• Motion for Attorney’s Fees (Rule 54(d)(2))
• Bill of Costs