RULE 59. NEW TRIALS AND ALTERATION OR AMENDMENT OF JUDGMENTS.
Rule 59.01 Motions Included.
Motions to which this rule is applicable are: (1) under Rule 50.02 for judgment in accordance with a motion for a directed verdict; (2) under Rule 52.02 to amend or make additional findings of fact, whether or not an alteration of the judgment would be required if the motion is granted; (3) under Rule 59.02 for a new trial; or (4) under Rule 59.04 to alter or amend the judgment. These motions are the only motions contemplated in these rules for extending the time for taking steps in the regular appellate process. Motions to reconsider any of these motions are not authorized and will not operate to extend the time for appellate proceedings.
Rule 59.02 Time for Motions.
A motion for new trial and all other motions permitted under this rule shall be filed and served within thirty (30) days after judgment has been entered in accordance with Rule 58.
Rule 59.03 Time for Serving Affidavits.
Where a motion for a new trial is based upon affidavits, they shall be filed and served with the motion unless otherwise authorized by the court. The opposing party shall have 10 days after such service within which to file and serve opposing affidavits, which period may be extended for an additional period not exceeding 20 days by the court for good cause shown or by stipulation of the parties in writing. The court may permit reply affidavits.
Rule 59.04 Motion to Alter or Amend a Judgment.
A motion to alter or amend a judgment shall be filed and served within thirty (30) days after the entry of the judgment.
Rule 59.05 On Initiative of Court.
Within thirty (30) days after entry of judgment the court on its own initiative may alter or amend the judgment, or the court may order a new trial for any reason for which it might have granted a new trial on motion of a party where no such motion has been filed. After giving the parties notice and opportunity to be heard, the court may grant a motion for a new trial, timely filed and served, for reasons not stated in the motion. In either case, the court shall specify in its order the grounds for its action.
Rule 59.06 New Trial Where Verdict Is Against the Weight of the Evidence.
If the trial court grants a new trial because the verdict is contrary to the weight of the evidence, upon the request of either party the new trial shall be conducted by a different circuit judge or chancellor.