Chapter 1 · General

Rule 59. New trials and rearguments

Amended 2025 (current) Contains Deadlines

(a) On motion of party. -- A new trial may be granted to all or any of the parties and on all or part of the issues in an action in which there has been a trial for any of the reasons for which new trials have heretofore been granted in this or other Delaware courts. 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 and direct the entry of a new judgment. The motion for a new trial shall be served on the opposing party and filed with the Court not later than 10 days after the entry of the judgment. The motion shall briefly and succinctly state the grounds therefor.

(b) On initiative of Court. -- Not later than 10 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. After giving the parties notice and an opportunity to be heard on the matter, the Court may grant a motion for a new trial. In either case, the Court shall specify in the order the grounds therefor.

(c) Motion to alter or amend judgment. -- A motion to alter or amend the judgment shall be served and filed not later than 10 days after entry of the judgment. The same procedure with respect to new trials shall also apply.

(d) Rearguments. -- A motion for reargument after the filing of the Court's opinion or decision on the motion for a new trial or on the motion to amend or alter the judgment shall not be permitted.