Motions - Posttrial motions, including motions for relief from judgment and for new trial

Learning Outcomes

After reading this article, you will be able to identify and explain the main types of posttrial motions in federal civil procedure, including motions for a new trial and motions for relief from judgment. You will understand the grounds, procedures, and strict time limits for these motions, and be able to apply these principles to MBE-style questions.

MBE Syllabus

For MBE, you are required to understand the rules and procedures governing posttrial motions in federal court. This includes:

  • Recognizing the grounds for a motion for a new trial and the process for seeking one.
  • Understanding motions for relief from judgment under Rule 60, including the specific bases and deadlines.
  • Knowing the difference between new trial motions and relief from judgment.
  • Applying the correct time limits for posttrial motions.
  • Identifying when posttrial motions are the exclusive remedy and when appeal is available.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. Which of the following is a valid ground for a motion for a new trial in federal court?
    1. The verdict is against the weight of the evidence.
    2. The judge made a harmless evidentiary error.
    3. The losing party failed to object to jury instructions.
    4. The losing party missed the deadline for appeal.
  2. A party seeks to set aside a final judgment based on newly discovered evidence. What is the maximum time after entry of judgment to file a Rule 60(b) motion on this ground?
    1. 14 days
    2. 28 days
    3. 1 year
    4. 2 years
  3. Which of the following is NOT a proper ground for relief from judgment under Rule 60(b)?
    1. Mistake, inadvertence, or excusable neglect
    2. The judgment is void for lack of personal jurisdiction
    3. The verdict was against the weight of the evidence
    4. Fraud by the opposing party

Introduction

Posttrial motions allow parties to seek correction of errors or relief from judgments after a trial has concluded. The Federal Rules of Civil Procedure provide two main posttrial remedies: the motion for a new trial and the motion for relief from judgment. Each has specific grounds, procedures, and strict time limits. Understanding these motions is essential for the MBE.

Types of Posttrial Motions

Motion for a New Trial

A party may move for a new trial under Rule 59. This motion asks the court to set aside the verdict and hold a new trial. Common grounds include:

  • The verdict is against the weight of the evidence.
  • Serious errors occurred during the trial (e.g., improper admission or exclusion of evidence, jury misconduct).
  • Damages are excessive or inadequate.

The motion must be filed no later than 28 days after entry of judgment.

Key Term: Motion for a New Trial A posttrial request asking the trial court to vacate the judgment and order a new trial, usually due to errors affecting the fairness or outcome of the original trial.

Motion for Relief from Judgment

Rule 60 allows a party to seek relief from a final judgment or order. The grounds include:

  • Mistake, inadvertence, surprise, or excusable neglect.
  • Newly discovered evidence that could not have been found in time for a new trial motion.
  • Fraud, misrepresentation, or misconduct by the opposing party.
  • The judgment is void (e.g., lack of personal jurisdiction).
  • The judgment has been satisfied, released, or discharged.
  • Any other reason justifying relief.

Some grounds (mistake, newly discovered evidence, fraud) require the motion to be filed within 1 year of judgment. All Rule 60 motions must be made within a reasonable time.

Key Term: Relief from Judgment A posttrial motion under Rule 60 seeking to set aside or modify a final judgment or order based on specific grounds such as mistake, fraud, or lack of jurisdiction.

Worked Example 1.1

A plaintiff loses at trial. She discovers, two months later, that the defendant withheld key documents that would have changed the outcome. She files a motion for relief from judgment based on fraud by the opposing party.

Answer: The motion is timely if filed within 1 year of judgment. Fraud by the opposing party is a valid ground for relief from judgment under Rule 60(b).

Worked Example 1.2

A defendant believes the jury’s verdict is against the weight of the evidence. He files a motion for a new trial 35 days after entry of judgment.

Answer: The motion is untimely. A motion for a new trial must be filed within 28 days after entry of judgment. The court must deny the motion as late.

Procedures and Time Limits

  • New trial motions must be filed within 28 days after entry of judgment. The court may grant a new trial for any reason recognized at common law (e.g., verdict against the weight of the evidence, prejudicial error, juror misconduct).
  • Relief from judgment motions must be filed within 1 year for mistake, newly discovered evidence, or fraud. Other grounds (e.g., void judgment) require filing within a reasonable time.
  • No extensions: The time limits for these motions cannot be extended by agreement or court order.

Exam Warning

Failing to file a new trial or Rule 60(b) motion within the required time will bar the motion, even if the grounds are strong. The court has no discretion to extend these deadlines.

Revision Tip

Always check the time limit for any posttrial motion. For new trial: 28 days. For Rule 60(b) mistake, new evidence, or fraud: 1 year. For other Rule 60(b) grounds: reasonable time.

Key Point Checklist

This article has covered the following key knowledge points:

  • Posttrial motions include motions for a new trial and motions for relief from judgment.
  • A new trial may be granted for errors affecting the fairness of the trial or a verdict against the weight of the evidence.
  • A motion for a new trial must be filed within 28 days after entry of judgment.
  • Relief from judgment under Rule 60(b) is available for mistake, new evidence, fraud, void judgment, satisfaction, or other reasons.
  • Rule 60(b) motions for mistake, new evidence, or fraud must be filed within 1 year; other grounds require filing within a reasonable time.
  • Time limits for posttrial motions are strict and cannot be extended.
  • Not all grounds for a new trial are grounds for relief from judgment, and vice versa.

Key Terms and Concepts

  • Motion for a New Trial
  • Relief from Judgment
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