Part 78 · New Trials – After–Trial Motions – Preservation of Error

Rule 78.06. When After-Trial Motion Overruled

Amended January 1, 2000 (current) Contains Deadlines

Any motion for new trial, motion to amend the judgment or opinion, or motion for judgment notwithstanding the verdict is overruled for all purposes if the trial court does not rule on it within ninety days after the date the last such timely motion is filed.

In computing the ninety days, no day shall be counted during which the court lacks power to act because of an order of a superior state court or because of removal of the action.

Committee Notes

This is substantially the same as prior Rule 78.04.