State Court Motion for Post-Trial Relief — New Trial / Amend Judgment (Civil)

DISTRICT COURT, [___] COUNTY, COLORADO

Court Address: [STREET, CITY, STATE, ZIP]

[MOVING PARTY]'S MOTION FOR POST-TRIAL RELIEF: FOR A NEW TRIAL AND/OR TO AMEND THE FINDINGS AND JUDGMENT (C.R.C.P. 59)

CERTIFICATE OF CONFERRAL (C.R.C.P. 121 § 1-15(8))

Pursuant to C.R.C.P. 121 § 1-15(8), undersigned counsel conferred with [opposing counsel / the self-represented party] on [__/__/____] regarding the relief requested in this Motion. Opposing counsel [does / does not] oppose the relief requested.

I. INTRODUCTION AND RELIEF REQUESTED

[MOVING PARTY NAME] ("Movant"), the party aggrieved, respectfully moves this Court pursuant to C.R.C.P. 59 for post-trial relief from the [verdict / decision / judgment] entered on [__/__/____] in favor of [OPPOSING PARTY] and against Movant. Specifically, Movant moves for:

☐ a new trial of all or part of the issues (C.R.C.P. 59(a)(1), (d));
☐ judgment notwithstanding the verdict (C.R.C.P. 59(a)(2));
☐ amendment of the findings of fact and conclusions of law, and/or amendment of the judgment (C.R.C.P. 59(a)(3), (4)); and/or
☐ in a trial to the court, an order opening the judgment, taking additional testimony, amending findings, and entering a new judgment (C.R.C.P. 59(f)).

This Motion is filed within 14 days of the entry of judgment, as required by C.R.C.P. 59(a). [If applicable: An extension of the 14-day period was requested and granted to [__/__/____].]

II. PROCEDURAL BACKGROUND AND THE JUDGMENT AT ISSUE

1. This action was tried [to a jury / to the court] before [the Honorable [JUDGE NAME]] commencing [__/__/____].
2. On [__/__/____], the [jury returned its verdict / the Court entered its findings and decision] [describe].
3. Judgment was entered under C.R.C.P. 58 on [__/__/____] [describe the judgment and amount].
4. This Motion is timely filed within 14 days of that entry of judgment. C.R.C.P. 59(a).

III. LEGAL STANDARD

Under C.R.C.P. 59(a), within 14 days of entry of judgment a party may move for post-trial relief, including a new trial, judgment notwithstanding the verdict, amendment of findings, or amendment of the judgment. Subject to the harmless-error rule of C.R.C.P. 61, a new trial may be granted only for one of the grounds enumerated in C.R.C.P. 59(d). No error in any ruling or in anything done or omitted by the court or the parties is ground for a new trial or for disturbing a judgment "unless refusal to take such action appears to the court inconsistent with substantial justice"; the court must disregard any error that does not affect the substantial rights of the parties. C.R.C.P. 61.

In an action tried without a jury, on a motion for post-trial relief the court "may, if a ground exists, 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 entry of a new judgment." C.R.C.P. 59(f). A motion for a directed verdict is not a prerequisite to any form of post-trial relief. C.R.C.P. 59(e).

IV. GROUNDS FOR NEW TRIAL (C.R.C.P. 59(d))

Movant moves for a new trial on the following ground(s) (check all that apply; grounds (1)–(4) are supported by the affidavit filed herewith, as required by C.R.C.P. 59(d)):

☐ (1) Irregularity in the proceedings. Any irregularity in the proceedings of the court, jury, or adverse party, or any order of the court, or abuse of discretion, by which any party was prevented from having a fair trial. (Supported by affidavit.)

☐ (2) Misconduct of the jury. Misconduct of the jury. (Supported by affidavit.)

☐ (3) Accident or surprise. Accident or surprise, which ordinary prudence could not have guarded against. (Supported by affidavit.)

☐ (4) Newly discovered evidence. Newly discovered evidence, material for the party making the motion, which the party could not with reasonable diligence have discovered and produced at the trial. (Supported by affidavit.)

☐ (5) Excessive or inadequate damages. Damages that are excessive or inadequate.

☐ (6) Error in law. Error in law occurring at the trial and, where required, objected to by the moving party.

V. ARGUMENT

A. ☐ Irregularity in the Proceedings / Abuse of Discretion (59(d)(1))

[Identify the irregularity or abuse of discretion that prevented a fair trial — e.g., an erroneous evidentiary ruling, improper argument, or procedural irregularity — and demonstrate prejudice under C.R.C.P. 61.]

B. ☐ Misconduct of the Jury (59(d)(2))

[Identify the juror misconduct, supported by the affidavit. Address when it was discovered and its prejudicial effect.]

C. ☐ Accident or Surprise (59(d)(3))

[Identify the accident or surprise that ordinary prudence could not have guarded against, and the diligence exercised.]

D. ☐ Newly Discovered Evidence (59(d)(4))

[Identify the newly discovered, material evidence; show, by affidavit, that it could not with reasonable diligence have been discovered and produced at trial, and that it is likely to change the result.]

E. ☐ Excessive or Inadequate Damages (59(d)(5))

[Demonstrate that the damages are excessive or inadequate in light of the evidence.]

F. ☐ Error in Law (59(d)(6))

[Identify the legal error occurring at trial — e.g., an erroneous jury instruction, evidentiary ruling, or application of the wrong legal standard — show that it was preserved by objection where required, and show prejudice.]

G. ☐ Amendment of Findings / Judgment (59(a)(3)-(4); 59(f))

[In a trial to the court: identify the specific findings of fact or conclusions of law that should be amended, or the specific respect in which the judgment should be amended, and the corrected judgment sought. Request that the court open the judgment, take additional testimony if needed, amend its findings and conclusions, and direct entry of a new judgment under C.R.C.P. 59(f).]

VI. CONCLUSION AND REQUEST FOR RELIEF

For the foregoing reasons, Movant respectfully requests that the Court:

a. GRANT this Motion;
b. order a new trial on [all issues / the issue(s) of __________], and/or amend its findings and conclusions and amend the judgment as set forth above; and
c. grant such further relief as the Court deems just and proper.

VII. REQUEST FOR ORAL ARGUMENT (Optional — C.R.C.P. 121 § 1-15(4))

Pursuant to C.R.C.P. 121 § 1-15(4), Movant requests oral argument because the issues presented would benefit from oral presentation. Estimated time requested: [minutes].

VIII. CERTIFICATE OF COMPLIANCE (C.R.C.P. 121 § 1-15(1))

I hereby certify that this Motion complies with the applicable page/word limitation set forth in C.R.C.P. 121 § 1-15(1) and that the conferral requirement of C.R.C.P. 121 § 1-15(8) has been satisfied (or is excused because [reason]).

SUPPORTING AFFIDAVIT (Required for grounds (1)-(4) — C.R.C.P. 59(d))

STATE OF COLORADO )
) ss.
COUNTY OF [___] )

I, [AFFIANT NAME], being first duly sworn, depose and state:

1. I am [title/relationship to Movant] and have personal knowledge of the facts stated herein.
2. [State each fact supporting the affidavit-based ground(s) checked above — e.g., the irregularity, the juror misconduct and when it was discovered, the accident/surprise and diligence, or the newly discovered evidence and why it could not have been produced at trial.]
3. Attached as Exhibit [A] is a true and correct copy of [document].

_______________________________
[AFFIANT NAME]

Subscribed and sworn to before me this [__] day of [__________], 20[__].

_______________________________
Notary Public — My commission expires: __________

[PROPOSED] ORDER

THIS MATTER comes before the Court on [MOVING PARTY]'s Motion for Post-Trial Relief under C.R.C.P. 59. The Court, having reviewed the Motion, the supporting affidavit, any response and reply, and being fully advised:

IT IS ORDERED that the Motion is GRANTED. [A new trial is ordered on the following issues: __________.] [And/Or: The findings of fact and conclusions of law are amended as follows, and a new judgment shall enter: __________.]

[OR] IT IS ORDERED that the Motion is DENIED.

BY THE COURT:

_______________________________
District Court Judge
Dated: [__/__/____]

TIMING AND APPELLATE NOTES (Colorado)

Caution: A timely C.R.C.P. 59 motion is generally a prerequisite to preserving certain issues for appeal and affects the running of the appeal clock; do not let the 63-day determination period under C.R.C.P. 59(j) lapse without calendaring the resulting appeal deadline.

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion for Post-Trial Relief was filed and served via the Colorado Courts E-Filing System (or [other method]) on all counsel and self-represented parties of record:

[OPPOSING COUNSEL NAME AND ADDRESS / EMAIL]

/s/ [ATTORNEY NAME]
[ATTORNEY NAME], #[________]
[LAW FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Attorney for [MOVING PARTY]

SOURCES & REFERENCES

• C.R.C.P. 59 (Motions for Post-Trial Relief — new trial; JNOV; amendment of findings/judgment; grounds; 63-day determination): Colorado Rules of Civil Procedure, https://www.courts.state.co.us/Courts/Supreme_Court/Rule_Changes.cfm
• C.R.C.P. 60(b) (relief from judgment or order): Colorado Rules of Civil Procedure.
• C.R.C.P. 61 (harmless error): Colorado Rules of Civil Procedure.
• C.R.C.P. 121 § 1-15 (motions practice; conferral; page limits; oral argument): Colorado Rules of Civil Procedure.
• C.A.R. 4(a) (49-day appeal deadline): Colorado Appellate Rules.