Sample Motion For New Trial Under Rule 59 (A)
1 Any Attorney or Party
Any Street
2 Any Town, CA 55555
3 714-555-5555
4 Any Attorney or Party
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UNITED STATES DISTRICT COURT
9 ________ DISTRICT OF _____________
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11 Any Plaintiff, ) Case No.
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12 Plaintiff, )
NOTICE OF MOTION AND MOTION FOR NEW
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TRIAL; MEMORANDUM OF POINTS AND
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AUTHORITIES; DECLARATION OF_______;
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EXHIBITS
14 Any Defendant, and DOES 1-5 )
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Defendants. ) DATE:
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) TIME:
) PLACE
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1 PLEASE TAKE NOTICE that on ________, at ______M. in Courtroom _____ of the
2 above-entitled Court located at ___________________________, LIST HERE WHETHER
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PLAINTIFF OR DEFENDANT will move this Court for an order granting a new trial on LIST
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HERE WHETHER YOU WANT A NEW TRIAL ON ONLY SOME OF THE ISSUES OR ALL
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ISSUES on the grounds that LIST HERE ALL SPECIFIC GROUNDS THAT YOU ARE
7 ASSERTING JUSTIFY GRANTING A NEW TRIAL SUCH AS THE VERDICT IS AGAINST
8 THE CLEAR WEIGHT OF THE EVIDENCE, NEWLY DISCOVERED EVIDENCE,
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PREJUDICIAL CONDUCT BY THE COURT OR OPPOSING COUNSEL, JUROR
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MISCONDUCT, ETC. and said grounds have resulted in a verdict or decision resulting in a
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miscarriage of justice if a new trial is not granted as more fully set forth in the declaration of
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13 ________ and exhibits attached thereto.
14 This motion is made pursuant to Federal Rule of Civil Procedure 59(a) (Rule 59) and
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shall be based upon this notice, the attached memorandum of points and authorities, the declaration
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of _________ and exhibits attached thereto, the complete files and records of this action, and such
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other and further oral and documentary evidence as may be presented at the hearing on this motion.
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20 Dated_________________________ _______________________________________
ANY ATTORNEY OR PARTY
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Note that you MUST file and serve this motion for a new trial
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23 along with all supporting affidavits or declarations within 28 calendar
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days after the date the judgment was entered pursuant to FRCP 59(b)
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26 which states that,(b) Time to File a Motion for a New Trial. A motion
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1 for a new trial must be filed no later than 28 days after the entry of
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judgment.
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However in certain cases the judgment may not be entered right
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6 away as a final judgment requiring a separate document under FRCP
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58(a) is entered when the judgment is both entered in the civil docket
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9 under FRCP 79(a) and either (a) it is set forth on a separate document
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or (b) 150 days have run from entry of the judgment in the civil docket,
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whichever occurs first. See FRCP 58(c)(2).
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14 This time period cannot be extended by any court or any
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stipulation.
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for-new-trial-under-rule-59a-in-united-states-district-court
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