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

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ALABAMA

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

(Ala. R. Civ. P. 59(a) and 59(e))

[MOVANT NAME] ("Movant"), the [Plaintiff/Defendant] in the above-styled action, respectfully moves this Court, pursuant to Rule 59(a) and Rule 59(e) of the Alabama Rules of Civil Procedure, for an order (a) granting a new trial and/or (b) altering, amending, or vacating the judgment entered in this action on [__/__/____] (the "Judgment"). This Motion is filed within thirty (30) days after entry of the Judgment as required by Ala. R. Civ. P. 59(b) and 59(e). 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" / "entered judgment as a matter of law"].

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

3. Entry of the Judgment occurred on [__/__/____] as reflected in the [civil docket / separate written judgment] pursuant to Ala. R. Civ. P. 58(c). This Motion is therefore timely under Rule 59(b) and 59(e).

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

II. STANDARD AND AUTHORITY

5. New trial — Rule 59(a). Rule 59(a) provides that a new trial may be granted: "(1) after a trial by jury, for any reason for which a new trial has heretofore been granted in an action at law in federal court; and (2) after a trial without a jury, for any reason for which a rehearing has heretofore been granted in a suit in equity in federal court." On a motion for a new trial in a nonjury action, the Court "may open the judgment if one has been entered, 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." Ala. R. Civ. P. 59(a).

6. Alter or amend — Rule 59(e). Rule 59(e) authorizes the Court to alter, amend, or vacate its judgment on a motion filed not later than 30 days after entry of the judgment.

7. Weight-of-the-evidence standard. A trial court may grant a new trial where, in its considered judgment, the verdict is against the great weight or preponderance of the evidence. A jury verdict carries a presumption of correctness, and the substantial-evidence standard governs the sufficiency of the evidence under Ala. Code § 12-21-12.

8. Timeliness and tolling. A timely Rule 59 motion suspends the running of the time for taking an appeal until the motion is disposed of. Ala. R. App. P. 4(a)(3). Under Ala. R. Civ. P. 59.1, no postjudgment motion filed under Rules 50, 52, 55, or 59 may remain pending for more than ninety (90) days unless all parties expressly consent of record or an appellate court extends the time; if the trial court does not rule within that period, the motion is denied by operation of law on the 90th day, and the court loses jurisdiction to rule.

III. GROUNDS FOR A NEW TRIAL (Rule 59(a))

Movant moves for a new trial on the following ground(s):

☐ A. Verdict/decision against the great weight of the evidence. The verdict/decision is contrary to the great weight and preponderance of the credible evidence adduced at trial. [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 charge; ☐ erroneous admission or exclusion of evidence; ☐ erroneous ruling on a dispositive legal issue; ☐ other: [describe]]. Movant preserved this error by [timely objection / proffer / requested charge] at [transcript cite].

☐ C. Excessive or inadequate damages. The damages awarded are [☐ excessive / ☐ inadequate] and appear to have been produced by bias, passion, prejudice, or other improper motive, or are not supported by the evidence. [Explain; reference comparable awards and the evidentiary basis.]

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

☐ E. Jury misconduct / irregularity in the proceedings. [Describe the misconduct or irregularity — e.g., improper outside influence, communication with jurors, premature deliberation, quotient verdict — 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 recognized ground. [Identify the ground and the controlling authority recognizing it.]

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

In the alternative or in addition, Movant moves to alter, amend, or vacate 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 the controlling authority.]

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

☐ C. Intervening change in controlling law. A controlling decision or statute that 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 under [authority] / conform the judgment to the verdict or findings / correct a clerical or computational matter]. [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 the standard is satisfied and how the error or deficiency probably affected the outcome and Movant's substantial rights. See Ala. 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 of [NAME] in support of newly discovered evidence (Exhibit [__]), establishing that the evidence is in fact newly discovered and could not, with reasonable diligence, have been produced at trial (Ala. R. Civ. P. 59(c)–(d) govern the timing and use of affidavits on a new-trial motion);
   - ☐ 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 Ala. R. Civ. P. 59(a); and/or

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

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 CIRCUIT COURT OF [COUNTY] COUNTY, ALABAMA

[PLAINTIFF] v. [DEFENDANT] — Case No. [________________]

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 response, 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: [____].]

DONE and ORDERED this the ____ day of __________, 20__.

_________________________________
Circuit Judge

IX. SIGNATURE

Respectfully submitted,

_________________________________
[ATTORNEY NAME]
Attorney for [Movant]
[Alabama Bar No. / ASB-____-____]
[FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
[PHONE] | [EMAIL]

Dated: [__/__/____]

X. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I electronically filed the foregoing Motion using the AlaFile electronic filing system, which will send notice of electronic filing to all counsel of record, and/or that I served a copy upon the following by [U.S. Mail, postage prepaid / hand delivery / email] in accordance with Ala. R. Civ. P. 5:

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

_________________________________
[ATTORNEY NAME]

SOURCES & REFERENCES

• Ala. R. Civ. P. 59 — New Trials; Amendment of Judgments (grounds; 30-day deadline under Rule 59(b)/(e); nonjury reopening; affidavits under 59(c)–(d)).
• Ala. R. Civ. P. 59.1 — Postjudgment motions under Rules 50, 52, 55, 59 denied by operation of law if not ruled on within 90 days. See Ex parte Caterpillar, Inc., 708 So. 2d 142 (Ala. 1997); Ex parte Davidson, 782 So. 2d 237 (Ala. 2000).
• Ala. R. Civ. P. 58(c) — Entry of judgment (starts the running of post-judgment deadlines).
• Ala. R. Civ. P. 5 — Service of pleadings and other papers.
• Ala. R. Civ. P. 61 — Harmless error.
• Ala. R. App. P. 4(a)(3) — Effect of a timely post-judgment motion on the time for appeal.
• Ala. Code § 12-21-12 — Substantial-evidence standard.
• Distinguish: Ala. R. Civ. P. 60(b) (relief from a final judgment — separate template; broader time limits for certain grounds).