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

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ARKANSAS

[____] DIVISION

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

(Ark. R. Civ. P. 59)

[MOVANT NAME] ("Movant"), the [Plaintiff/Defendant] in the above-captioned action, respectfully moves this Court, pursuant to Rule 59 of the Arkansas Rules of Civil Procedure, 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 filed within ten (10) days after entry of the Judgment as required by Ark. R. Civ. P. 59(b). 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 Judgment was entered on [__/__/____]. This Motion is filed within 10 days of that date and is therefore timely under Ark. R. Civ. P. 59(b). (A motion filed before entry of judgment is treated as filed on the day after the judgment is entered.)

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). "On the motion of any aggrieved party, a new trial may be granted to all or any of the parties and on all or part of the claim" for any of the eight grounds materially affecting the substantial rights of that party set out in Rule 59(a) (quoted in § III below). 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." Ark. R. Civ. P. 59(a).

6. Alter or amend. A motion seeking to alter or amend the Judgment is a Rule 59 post-judgment motion and is governed by the same 10-day filing deadline; where Movant seeks to amend the court's findings of fact or to make additional findings following a bench trial, Rule 52(b) authorizes such a motion (filed within 10 days), which may be joined with this Rule 59 motion.

7. Weight-of-the-evidence standard. A trial court may grant a new trial where the verdict or decision is clearly contrary to the preponderance of the evidence (Rule 59(a)(6)); a jury verdict is reviewed with deference, and remittitur or additur may be employed where damages are excessive or inadequate.

8. Timeliness, deemed denial, and tolling. A timely Rule 59 motion extends the time for filing a notice of appeal. Ark. R. App. P.–Civ. 4(b)(1). If the Court neither grants nor denies this Motion within thirty (30) days of the date it is filed (or treated as filed), it shall be deemed denied as of the 30th day, and the notice of appeal must be filed within 30 days from that date. The Court loses jurisdiction to rule on the Motion after the 30th day.

III. GROUNDS FOR A NEW TRIAL (Ark. R. Civ. P. 59(a))

On the motion of an aggrieved party, a new trial may be granted on any of the following grounds materially affecting the substantial rights of Movant:

☐ (1) Irregularity in the proceedings / abuse of discretion. Any irregularity in the proceedings or any order of court or abuse of discretion by which the party was prevented from having a fair trial. [Describe.]

☐ (2) Misconduct of the jury or prevailing party. [Describe the misconduct and how it affected the verdict. Must be supported by affidavit under Rule 59(c) — see § VI.]

☐ (3) Accident or surprise. Accident or surprise which ordinary prudence could not have prevented. [Describe. Must be supported by affidavit under Rule 59(c).]

☐ (4) Excessive damages from passion or prejudice. Excessive damages appearing to have been given under the influence of passion or prejudice. [Explain; note remittitur may be conditionally ordered.]

☐ (5) Error in the assessment of the amount of recovery. Error in the assessment of the amount of recovery, whether too large or too small. [Explain.]

☐ (6) Verdict/decision clearly contrary to the preponderance of the evidence or contrary to law. The verdict or decision is clearly contrary to the preponderance of the evidence or is contrary to the law. [Summarize the evidence; cite transcript pages and exhibits.]

☐ (7) Newly discovered evidence. Newly discovered evidence, material for the party applying, which the party could not, with reasonable diligence, have discovered and produced at the trial. [Describe the evidence. Must be supported by affidavit under Rule 59(c) — see § VI.]

☐ (8) Error of law occurring at the trial and objected to. Error of law occurring at the trial and objected to by the party making the application. Movant preserved this error by [timely objection / proffer / requested instruction] at [transcript cite].

IV. RELIEF TO ALTER OR AMEND THE JUDGMENT / FINDINGS

In the alternative or in addition, Movant moves to alter or amend the Judgment (and, after a bench trial, to amend the Court's findings under Rule 52(b)) on the following ground(s):

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

☐ B. Amendment of findings / additional findings (Rule 52(b)). The Court should amend its findings of fact previously made or make additional findings, and amend the Judgment accordingly. [Specify the findings.]

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

☐ D. 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.]

☐ E. 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] / award costs and attorney's fees under [authority] / conform the judgment to the verdict or findings]. [Specify the precise amendment requested.]

☐ F. Conditional remittitur / additur. Where damages are [excessive / inadequate], Movant requests a new trial on damages or, in the Court's discretion, a conditional new trial subject to the prevailing party's [remittitur of $[____] / acceptance of an increased award]. [State basis.]

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 how the ground materially affected Movant's substantial rights and why a new trial / amendment is warranted.]

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

VI. SUPPORTING MATERIALS

7. This Motion sets forth in separate paragraphs the grounds or assignments of error (Rule 59(b)) and is supported by:
   - ☐ The trial record and transcript (relevant excerpts attached as Exhibit [__]);
   - ☐ Affidavit(s) required by Rule 59(c) for grounds (2) misconduct, (3) accident or surprise, and/or (7) newly discovered evidence (Exhibit [__]), filed with this Motion;
   - ☐ 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 Ark. R. Civ. P. 59(a); and/or

b. Alter or amend the Judgment (and amend or make additional findings under Rule 52(b)) as follows: [state the precise amended judgment / findings requested];

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, ARKANSAS, [____] DIVISION

[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] on the following ground(s): [specify]. [If granted: A new trial is set for [__/__/____] / The Judgment entered [__/__/____] is amended as follows: [____].]

IT IS SO ORDERED this ____ day of __________, 20__.

_________________________________
Circuit Judge

IX. SIGNATURE

Respectfully submitted,

_________________________________
[ATTORNEY NAME]
Attorney for [Movant]
[Arkansas 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 Ark. R. Civ. P. 5:

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

_________________________________
[ATTORNEY NAME]

SOURCES & REFERENCES

• Ark. R. Civ. P. 59 — New Trials; Amendment of Judgments: 59(a) (eight enumerated grounds; nonjury reopening), 59(b) (10-day filing; separate-paragraph grounds; 30-day deemed-denied), 59(c) (affidavits required for grounds (2), (3), (7); opposing affidavits), 59(d) (court's own initiative; order must specify ground).
• Ark. R. Civ. P. 52(b) — Amendment of findings / additional findings (10-day motion; may be joined with a Rule 59 motion).
• Ark. R. Civ. P. 5 — Service of pleadings and other papers.
• Ark. R. App. P.–Civ. 4(b)(1) — Effect of a timely Rule 59 motion on the time for appeal; deemed-denied operation. See Tidwell v. Rosenbaum, 2017 Ark. App. 490; Breckenridge v. Ashley (Ark. App. 1996).
• Distinguish: Ark. R. Civ. P. 60 (modify/vacate/set aside a judgment — Rule 60(a) within 90 days to prevent miscarriage of justice; Rule 60(c) enumerated grounds thereafter — separate template).