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

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF [COUNTY]

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

(Ariz. R. Civ. P. 59(a) and 59(d))

[MOVANT NAME] ("Movant"), the [Plaintiff/Defendant] in the above-captioned action, respectfully moves this Court, pursuant to Ariz. R. Civ. P. 59(a) and Rule 59(d), 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, together with any supporting affidavits, is filed within fifteen (15) days after entry of the Judgment as required by Rule 59(b) and 59(d). 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 15 days of that date and is therefore timely under Rule 59(b) and 59(d). This deadline may not be extended except as allowed by Rule 6(b)(2).

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). "The court may, on motion, grant a new trial on all or some of the issues — and to any party — on any of the following grounds materially affecting that party's rights," set out in Rule 59(a)(1)(A)–(H) (quoted in § III below). On a motion for a new trial after a nonjury trial, the Court "may vacate the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new ones, and direct the entry of a new judgment." Ariz. R. Civ. P. 59(a)(2).

6. Alter or amend — Rule 59(d). "A motion to alter or amend a judgment must be filed no later than 15 days after the entry of judgment." Ariz. R. Civ. P. 59(d).

7. Weight-of-the-evidence standard. When ruling on a motion for new trial, the trial court is entitled to evaluate the credibility of witnesses and weigh the evidence to determine whether the verdict is against the weight of the evidence and contrary to substantial justice; this discretion is broader than on a motion for judgment as a matter of law.

8. Order must specify grounds. Any order granting a new trial or altering or amending a judgment must specify with particularity the ground or grounds for the court's order. Ariz. R. Civ. P. 59(i).

9. Timeliness and tolling. A timely motion under Rule 59 extends the time for filing a notice of appeal until entry of the order disposing of the motion. See Ariz. R. Civ. App. P. 9(e).

III. GROUNDS FOR A NEW TRIAL (Rule 59(a)(1)(A)–(H))

Movant moves for a new trial on the following enumerated ground(s), each materially affecting Movant's rights:

☐ (A) Irregularity in the proceedings or abuse of discretion. Any irregularity in the proceedings or abuse of discretion depriving Movant of a fair trial. [Describe.]

☐ (B) Misconduct of the jury or prevailing party. [Describe the misconduct — e.g., improper outside influence, juror's receipt of extraneous information, communication with jurors, prevailing-party misconduct — and how it affected the verdict. Support with affidavit(s) where permitted.]

☐ (C) Accident or surprise. Accident or surprise that could not reasonably have been prevented. [Describe.]

☐ (D) Newly discovered material evidence. Newly discovered material evidence that could not have been discovered and produced at the trial with reasonable diligence. [Describe the evidence; attach the supporting affidavit(s) filed with the motion — see § VI.]

☐ (E) Excessive or insufficient damages. [☐ Excessive / ☐ insufficient] damages. [Explain; note that relief may be conditioned on remittitur or additur under Rule 59(f) — see § IV.D and the conditional-grant note below.]

☐ (F) Error in evidence/instructions or other error of law at trial. Error in the admission or rejection of evidence, error in giving or refusing jury instructions, or other errors of law at the trial or during the action. Movant preserved this error by [timely objection / proffer / requested instruction] at [transcript cite].

☐ (G) Verdict the result of passion or prejudice. The verdict is the result of passion or prejudice. [Explain.]

☐ (H) Verdict/decision/findings/judgment not supported by the evidence or contrary to law. The verdict, decision, findings of fact, or judgment is not supported by the evidence or is contrary to law. [Summarize the evidence; cite transcript pages and exhibits.]

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

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).]

☐ 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. Excessive or inadequate damages — conditional relief (Rule 59(f)). The damages are [☐ excessive / ☐ inadequate]. Movant requests that the Court grant a new trial on damages or, in its discretion, conditionally grant a new trial subject to the adversely affected party's acceptance of a [remittitur / additur] under Rule 59(f). [State the amount and basis.]

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

☐ F. 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 how the ground materially affected Movant's rights and why a new trial / amendment is warranted. See Ariz. R. Civ. P. 61 (harmless error).]

6.4 Relief sought on this ground. [New trial on all issues / new trial limited to [issue] if separable (Rule 59(e)); 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 (Exhibit [__]) — note that under Rule 59(b) any supporting affidavits must be filed WITH the motion (and within the 15-day period);
   - ☐ Affidavit(s) regarding jury or prevailing-party misconduct (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), if separable: [identify]] pursuant to Ariz. R. Civ. P. 59(a); and/or

b. Alter or amend the Judgment as follows: [state the precise amended judgment requested] pursuant to Ariz. R. Civ. P. 59(d) (and, as to damages, conditionally under Rule 59(f));

c. In the alternative, set this Motion for oral argument under Rule 7.1; and

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

VIII. PROPOSED ORDER

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA, IN AND FOR THE COUNTY OF [COUNTY]

[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, and specifying with particularity the grounds as required by Ariz. R. Civ. P. 59(i), 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: [____].]

DATED this ____ day of __________, 20__.

_________________________________
Judge of the Superior Court

IX. SIGNATURE

Respectfully submitted,

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

Dated: [__/__/____]

X. CERTIFICATE OF SERVICE

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

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

_________________________________
[ATTORNEY NAME]

SOURCES & REFERENCES

• Ariz. R. Civ. P. 59 — New Trial; Altering or Amending a Judgment: 59(a) (eight enumerated grounds A–H; nonjury further action), 59(b) (15-day motion with affidavits; not extendable except per Rule 6(b)(2)), 59(c) (court's own initiative — 15 days), 59(d) (alter/amend — 15 days), 59(e) (scope; separable issues), 59(f) (excessive/inadequate damages — conditional new trial / remittitur or additur), 59(h) (limit of two new trials), 59(i) (order must specify grounds with particularity). (Restyled effective Jan. 1, 2017.)
• Ariz. R. Civ. P. 61 — Harmless error.
• Ariz. R. Civ. P. 5 — Service of pleadings and other papers.
• Ariz. R. Civ. App. P. 9(e) — Effect of a timely Rule 59 motion on the time for appeal.
• McBride v. Kieckhefer Assoc., Inc. (Ariz. App.) — trial court may weigh evidence/credibility on a motion for new trial; Soto v. Sacco, 242 Ariz. 474 (2017) — particularity requirement for orders modifying a damages award.
• Distinguish: Ariz. R. Civ. P. 7.1(e) (motion for reconsideration of a non-final order — separate template) and Ariz. R. Civ. P. 60 (relief from a final judgment — separate template).