1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8
UNITED STATES DISTRICT COURT
9 ________ DISTRICT OF _____________

10

11 Any Plaintiff, ) Case No.

)
12 Plaintiff, )
NOTICE OF MOTION AND MOTION FOR NEW
)
TRIAL; MEMORANDUM OF POINTS AND
13 vs. )
AUTHORITIES; DECLARATION OF_______;
)
EXHIBITS
14 Any Defendant, and DOES 1-5 )
)
Defendants. ) DATE:
15
) TIME:
) PLACE
16
)
)
17
)
)
18 )
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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
3
PLAINTIFF OR DEFENDANT will move this Court for an order granting a new trial on LIST
4
HERE WHETHER YOU WANT A NEW TRIAL ON ONLY SOME OF THE ISSUES OR ALL
5

6
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,

9
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
12

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
17
other and further oral and documentary evidence as may be presented at the hearing on this motion.
18

19

20 Dated_________________________ _______________________________________
ANY ATTORNEY OR PARTY
21
Note that you MUST file and serve this motion for a new trial
22

23 along with all supporting affidavits or declarations within 28 calendar

24
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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28

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 1 for a new trial must be filed no later than 28 days after the entry of
2

3
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
10

11
or (b) 150 days have run from entry of the judgment in the civil docket,
12
whichever occurs first. See FRCP 58(c)(2).
13

14 This time period cannot be extended by any court or any

15
stipulation.
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17 To purchase the entire 16 page document visit:

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for-new-trial-under-rule-59a-in-united-states-district-court
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