Rule 59. New trials; amendment of judgments

New trials; amendment of judgments.

(a) Grounds. A new trial may be granted to all or any of the parties and (1) on all of the issues in an action in which there has been a trial by jury, for any of the reasons for which new trials have heretofore been granted in actions at law in the courts of Alabama; and (2) on all or part of the issues in an action tried without a jury, for any of the reasons for which rehearings have heretofore been granted in suits in equity in the courts of Alabama. 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 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 thirty (30) 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 has fifteen

(15) days after such service within which to serve opposing affidavits, which period may be extended for an additional period not exceeding twenty (20) days either by the court for good cause shown or by the parties by written stipulation. The court may permit reply affidavits.

(d) On initiative of court. Not later than thirty (30) days after entry of judgment the court 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, and in the order shall specify the grounds therefor.

(e) Motion to alter, amend, or vacate a judgment. A motion to alter, amend, or vacate the judgment shall be filed not later than thirty (30) days after entry of the judgment.

(f) Remittitur. The court may, on motion for new trial, require a remittitur as a condition to the overruling of the motion for new trial; and, the acceptance of such remittitur by the plaintiff shall not, on appeal by the defendant, prejudice the plaintiff’s right to seek reinstatement of the verdict in its full amount.

(g) Presentation of motions not required. Presentation of any post-trial motion to a judge is not required in order to perfect its making, nor is it required that an order continuing any such motions to a date certain be entered. All such motions remain pending until ruled upon by the court (subject to the provisions of Rule 59.1), but shall not be ruled upon until the parties have had opportunity to be heard thereon.

(dc) District court rule. Rule 59 applies in the district courts except that (1) Rule 59(a)(1) dealing with new trials in jury actions is deleted; (2) all time periods of thirty (30) days are reduced to fourteen (14) days except in unlawful-detainer actions subject to appeal under §6-6-350, Ala. Code 1975, and actions for eviction as defined in §35-9A-141(5), Ala. Code 1975, in which actions the time periods are reduced to seven (7) calendar days; and (3) the provision for time in which to serve counter-affidavits of Rule 59(c) is deleted. [Amended 2-9-82; Amended eff. 10-1-95; Amended 5-29-2009, eff. 7-1-2009; Amended 11-28-2012.]

Committee Notes

Committee Comments on 1973 Adoption This rule, which follows Federal Rule 59 very closely, provides for an amalgamation of the new trial practice heretofore had in actions at law, and the rehearing practice in equity. But Equity Rule 62 was intended to put the equity rehearing procedure on a basis resembling the new trial practice at law, Scott v. Leigeber, 245 Ala. 583, 18 So.2d 275 (1944), and thus the overall design and operation of Alabama new trial and rehearing practice already closely resembles that which this rule provides. The time for moving for a new trial or to alter, amend, or vacate a judgment is here made 30 days, as has been customary in Alabama, rather than 10 days, as under the federal rule. Subdivision (a) expressly provides that the grounds for a new trial under the rule shall be those which would have sufficed for a new trial or a rehearing under prior Alabama practice. Thus the rule makes no change in the grounds for a new trial, and prior Alabama decisions must be consulted to determine when a motion under this rule should be granted. In an action tried to a jury a new trial can be granted for any of the reasons listed in Code of Ala., Tit. 7, § 276, or for any of the common-law grounds not listed in that statute. Birmingham Electric Co. v. Yoast, 256 Ala. 673, 57 So.2d 103 (1951). The specific grounds for which a rehearing might have been granted in equity have heretofore been limited only by the sound discretion of the court, Ex parte Upchurch, 215 Ala. 610, 112 So. 202 (1927), and are evidenced only by the vast number of decisions pertaining thereto. It is immaterial in determining the grounds for which a new trial can be granted under this rule whether the action is one which heretofore would have been “legal” or “equitable”. Instead it is the nature of the trial, whether to a jury or to the court, which determines whether the former law grounds or the former equity grounds are to be relied upon. Under the Federal Rule, a new trial may be