Alaska State Court Motion for New Trial and/or to Alter or Amend the Judgment

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

[____] JUDICIAL DISTRICT AT [LOCATION]

MOTION FOR NEW TRIAL AND/OR TO ALTER OR AMEND THE JUDGMENT

(Alaska R. Civ. P. 59(a) and 59(f))

[MOVANT NAME] ("Movant"), the [Plaintiff/Defendant] in the above-captioned action, respectfully moves this Court, pursuant to Alaska Civil Rule 59(a) and Rule 59(f), for an order (a) granting a new trial and/or (b) altering or amending the judgment entered in this action on [__/__/____] (the "Judgment"). This Motion is served within ten (10) days as required by Rule 59(b) and 59(f). In support, Movant states as follows:

I. THE JUDGMENT AT ISSUE

1. On [__/__/____], this Court entered the Judgment, which [describe what was adjudicated — e.g., "entered judgment on a jury verdict in favor of Defendant on all claims" / "entered judgment for Plaintiff in the amount of $[____] following a bench trial"].

2. The Judgment followed a [☐ trial by jury / ☐ trial by the court (nonjury / bench trial)] held on [__/__/____] through [__/__/____].

3. The clerk's certificate of distribution on the Judgment is dated [__/__/____]. This Motion for new trial is served within 10 days of that date (Rule 59(b)); to the extent it seeks to alter or amend, it is served within 10 days of entry of the Judgment (Rule 59(f)). This Motion is therefore timely.

4. This Motion is directed to [☐ the entire Judgment / ☐ the following part(s) only: [identify]].

II. STANDARD AND AUTHORITY

5. New trial — Rule 59(a). "A new trial may be granted to all or any of the parties and on all or part of the issues in an action in which there has been a trial by jury or in an action tried without a jury, if required in the interest of justice." Alaska R. Civ. P. 59(a). On a motion for a new trial in a nonjury action, the Court "may take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment." Alaska R. Civ. P. 59(a).

6. Alter or amend — Rule 59(f). "A motion to alter or amend the judgment shall be served not later than 10 days after the entry of the judgment." Alaska R. Civ. P. 59(f).

7. Weight-of-the-evidence standard. A trial court may grant a new trial where the verdict is against the clear weight of the evidence, so that allowing it to stand would result in a miscarriage of justice; the trial court has broad discretion, but may not substitute its judgment for the jury's on fairly disputed factual questions.

8. Statement of grounds required. The motion "shall state the grounds upon which the moving party relies and shall refer to the papers on which the motion is to be based." Alaska R. Civ. P. 59(b).

9. Timeliness and tolling. A timely motion under Rule 59 terminates the running of the time for appeal, which begins again when the order disposing of the motion is entered. See Alaska R. App. P. 204(a)(3); Alaska R. Civ. P. 58.1.

III. GROUNDS FOR A NEW TRIAL (Rule 59(a) — "interest of justice")

Movant moves for a new trial on the following ground(s) as required in the interest of justice:

☐ A. Verdict/decision against the clear weight of the evidence. The verdict/decision is contrary to the clear weight of the credible evidence adduced at trial, such that allowing it to stand would work a miscarriage of justice. [Summarize the evidence; cite transcript pages and exhibits.]

☐ B. Error of law occurring at trial. The Court committed prejudicial error of law, including: [☐ erroneous jury instruction / refusal of a requested instruction; ☐ erroneous admission or exclusion of evidence; ☐ erroneous ruling on a dispositive legal issue; ☐ other: [describe]]. Movant preserved this error by [timely objection / proffer / requested instruction] at [transcript cite].

☐ C. Excessive or inadequate damages. The damages awarded are [☐ excessive / ☐ inadequate] and appear to have been the product of bias, passion, prejudice, or mistake, or are not supported by the evidence. [Explain; reference the evidentiary basis.]

☐ D. Newly discovered evidence. Material evidence has been discovered since the trial that could not, with reasonable diligence, have been produced at trial, and that would probably change the result on retrial. [Describe the evidence; attach the affidavit(s) required by Rule 59(d) — see § VI.]

☐ E. Jury misconduct / irregularity in the proceedings. [Describe the misconduct or irregularity — e.g., improper outside influence, juror's receipt of extraneous information, communication with jurors — and how it deprived Movant of a fair trial. Support with affidavit(s) where permitted.]

☐ F. Accident or surprise. An accident or surprise that ordinary prudence could not have guarded against materially prejudiced Movant. [Describe.]

☐ G. Other ground in the interest of justice. [Identify the ground and the controlling Alaska authority recognizing it.]

IV. GROUNDS TO ALTER OR AMEND THE JUDGMENT (Rule 59(f))

In the alternative or in addition, Movant moves to alter or amend the Judgment on the following ground(s):

☐ A. Manifest error of law or fact. The Judgment rests on a clear/manifest error of law or fact that the Court should correct. [Specify the error and controlling authority.]

☐ B. Newly discovered evidence. [If asserting newly discovered evidence as a basis to amend; attach affidavit(s) per Rule 59(d).]

☐ C. Intervening change in controlling law. A controlling decision or statute issued/took effect after entry of the Judgment requires a different result. [Cite the change.]

☐ D. Correction of the form or computation of the Judgment. The Judgment should be amended to [correct the calculation of damages / add or correct prejudgment or post-judgment interest / award attorney's fees and costs under Civil Rules 79 and 82 / conform the judgment to the verdict or findings]. [Specify the precise amendment requested.]

☐ E. Prevention of manifest injustice. Amendment is necessary to prevent manifest injustice for the reasons stated herein.

V. ARGUMENT

Ground [__]: [Title of the selected ground]

6.1 Standard. [State the controlling legal standard for this ground.]

6.2 Facts / record. [Marshal the relevant trial record — testimony, exhibits, rulings — with pinpoint citations.]

6.3 Application. [Explain why a new trial / amendment is required in the interest of justice and how the error or deficiency probably affected the outcome and Movant's substantial rights. See Alaska R. Civ. P. 61 (harmless error).]

6.4 Relief sought on this ground. [New trial on all issues / new trial limited to [issue]; or specified amendment to the Judgment.]

VI. SUPPORTING MATERIALS

7. This Motion is supported by:
   - ☐ The trial record and transcript (relevant excerpts attached as Exhibit [__]);
   - ☐ Affidavit(s) in support of newly discovered evidence, satisfying Alaska R. Civ. P. 59(d) — i.e., the affidavit of the party (or agent/officer) and of the party's attorney showing that the evidence was in fact newly discovered and why it could not with reasonable diligence have been produced at trial, plus the affidavit of any witness whose proposed oral testimony is offered, or the documents (or authenticated copies) themselves (Exhibit [__]);
   - ☐ Affidavit(s) regarding jury misconduct / irregularity (Exhibit [__]);
   - ☐ Memorandum/brief in support; and
   - ☐ [Proposed] Order (see § VIII).

VII. RELIEF REQUESTED

WHEREFORE, Movant respectfully requests that this Court:

a. Grant a new trial on [☐ all issues / ☐ the following issue(s): [identify]] pursuant to Alaska R. Civ. P. 59(a); and/or

b. Alter or amend the Judgment as follows: [state the precise amended judgment requested] pursuant to Alaska R. Civ. P. 59(f);

c. In the alternative, set this Motion for hearing and permit oral argument; and

d. Grant such other and further relief as the Court deems just and proper.

VIII. PROPOSED ORDER

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA, [____] JUDICIAL DISTRICT AT [LOCATION]

[PLAINTIFF] v. [DEFENDANT] — Case No. [____]-____ CI

ORDER ON MOTION FOR NEW TRIAL AND/OR TO ALTER OR AMEND THE JUDGMENT

This matter came before the Court on the Motion for New Trial and/or to Alter or Amend the Judgment filed by [Movant] on [__/__/____]. Upon consideration of the Motion, the record, any opposition, and applicable law, it is ORDERED that the Motion is [GRANTED / DENIED]. [If granted: A new trial is set for [__/__/____] / The Judgment entered [__/__/____] is amended as follows: [____].]

DATED at [LOCATION], Alaska, this ____ day of __________, 20__.

_________________________________
Superior Court Judge

IX. SIGNATURE

Respectfully submitted,

_________________________________
[ATTORNEY NAME]
Attorney for [Movant]
[Alaska Bar No. ________]
[FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
[PHONE] | [EMAIL]

Dated: [__/__/____]

X. CERTIFICATE OF SERVICE

I certify that on [__/__/____], a true and correct copy of the foregoing Motion (and supporting materials) was served upon the following by [the court's electronic filing system / U.S. Mail, postage prepaid / hand delivery / email] in accordance with Alaska R. Civ. P. 5:

[OPPOSING COUNSEL NAME]
[FIRM]
[ADDRESS]
[EMAIL]

_________________________________
[ATTORNEY NAME]

SOURCES & REFERENCES

• Alaska R. Civ. P. 59 — New Trials; Amendment of Judgments: 59(a) (grounds — "if required in the interest of justice"; nonjury reopening), 59(b) (10-day motion; statement of grounds; clerk's certificate of distribution trigger), 59(c) (affidavit timing), 59(d) (affidavit contents — newly discovered evidence), 59(e) (court's own initiative — 10 days), 59(f) (alter/amend — 10 days from entry).
• Alaska R. Civ. P. 58.1 — Effective dates; commencement of time for appeal, review, and reconsideration.
• Alaska R. Civ. P. 61 — Harmless error.
• Alaska R. Civ. P. 5 — Service of pleadings and other papers.
• Alaska R. App. P. 204(a)(3) — Effect of a timely Civil Rule 59 motion on the time for appeal.
• Distinguish: Alaska R. Civ. P. 77(k) (motion for reconsideration of a non-final order — separate template) and Alaska R. Civ. P. 60(b) (relief from a final judgment — separate template).