State Court Motion for New Trial / to Alter or Amend Judgment (Civil) — District of Columbia

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
CIVIL DIVISION

Case No. [________________________________]
Calendar/Judge: [____________]

[MOVING PARTY]'S MOTION FOR A NEW TRIAL AND/OR TO ALTER OR AMEND THE JUDGMENT

[MOVING PARTY] (the "Movant"), by and through undersigned counsel, respectfully moves this Court, pursuant to D.C. Super. Ct. R. Civ. P. 59, for an order ☐ granting a new trial and/or ☐ altering or amending the judgment entered in this action on [__/__/____]. This Motion is filed no later than 28 days after entry of the judgment, as required by Rule 59(b) and (e). In support, the Movant states:

I. INTRODUCTION

1. Under D.C. Super. Ct. R. Civ. P. 59(a)(1), the Court may grant a new trial on all or some issues to any party for a reason for which a new trial or rehearing has historically been granted after the applicable jury or nonjury trial in federal or District of Columbia courts. Rule 59(e) permits a motion to alter or amend a judgment. The record-based ground asserted here is [________________________________].

2. A new trial and/or alteration or amendment of the judgment is warranted here because [summarize in one sentence: e.g., the verdict is against the clear weight of the evidence; the judgment rests on a manifest error of law; newly discovered evidence requires a different result; the damages are excessive/inadequate; or an irregularity deprived the Movant of a fair trial].

3. This Motion is timely. The judgment was entered on [__/__/____], and this Motion is filed within 28 days of entry. A timely motion under Rule 59 tolls the time to note an appeal, which then runs from entry of the order disposing of the motion. See D.C. App. R. 4(a)(4)(A).

II. THE JUDGMENT / VERDICT FOR WHICH RELIEF IS SOUGHT

4. This action was tried ☐ to a jury / ☐ to the Court without a jury beginning on [__/__/____].

5. On [__/__/____], [the jury returned a verdict / the Court entered findings and conclusions] as follows: [describe the verdict or decision and the resulting judgment, including the amount and the prevailing party].

6. The Clerk entered judgment on [__/__/____] (the "Judgment"). This Motion seeks a new trial and/or alteration or amendment of that Judgment.

III. LEGAL STANDARD

7. New trial. Rule 59(a)(1) permits a new trial on all or some issues and to any party for a reason historically supporting a new trial after a jury trial or a rehearing after a nonjury trial in federal or District of Columbia courts. Movant identifies the particular trial ruling, verdict, evidence, or proceeding at issue below and explains why it warrants relief.

8. Further action after a nonjury trial. On a motion for a new trial following a nonjury trial, the Court "may: (A) open the judgment if one has been entered; (B) take additional testimony; (C) amend findings of fact and conclusions of law or make new ones; and (D) direct the entry of a new judgment." D.C. Super. Ct. R. Civ. P. 59(a)(2).

9. Alter or amend the judgment. Rule 59(e) permits a timely motion to alter or amend a judgment. Movant identifies the exact change requested and the facts and authority supporting that change in Section V.

10. The requested order identifies the issues for retrial or the text of the proposed judgment change.

IV. GROUNDS FOR A NEW TRIAL

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

• ☐ The verdict/decision is against the clear weight of the evidence.
• ☐ Manifest error of law (including erroneous jury instructions or an incorrect legal standard applied by the Court).
• ☐ Substantial error in the admission or exclusion of evidence that affected the Movant's substantial rights.
• ☐ Newly discovered evidence that is material to a significant issue and that could not, with reasonable diligence, have been discovered and produced before judgment.
• ☐ Excessive or inadequate damages appearing to have been awarded under the influence of passion, prejudice, or mistake.
• ☐ Irregularity in the proceedings, jury misconduct, or misconduct of an adverse party that prevented the Movant from having a fair trial.
• ☐ Other ground in the interests of justice: [specify].

V. MOTION TO ALTER OR AMEND THE JUDGMENT (RULE 59(e))

11. ☐ In the alternative to, or in addition to, a new trial, the Movant moves to alter or amend the Judgment under D.C. Super. Ct. R. Civ. P. 59(e) on the following basis: [select — clear error of law / intervening change in controlling law / newly discovered evidence / manifest injustice].

12. Specifically, the Judgment should be amended as follows: [state the precise correction sought — e.g., to correct the computation of damages, to conform the judgment to the verdict or to the Court's findings, to add or strike prejudgment interest, or to correct a clear legal error].

VI. ARGUMENT

A. ☐ The Verdict/Decision Is Against the Clear Weight of the Evidence

13. The evidence at trial established [summarize the evidence]. The verdict/decision that [describe] is against the clear weight of that evidence because [explain — identify the dispositive evidence the factfinder disregarded, with record citations].

B. ☐ Manifest Error of Law

14. The Court [gave instruction [__] / applied the legal standard of [__]]. That was error because [explain and cite controlling authority]. The error was not harmless because [explain prejudice].

C. ☐ Error in the Admission or Exclusion of Evidence

15. Over the Movant's objection, the Court [admitted / excluded] [describe the evidence]. That ruling was erroneous because [explain], and it affected the Movant's substantial rights because [explain].

D. ☐ Newly Discovered Evidence

16. After judgment, the Movant discovered the following material evidence that could not, with reasonable diligence, have been discovered and produced before judgment: [describe]. This evidence is material to a significant issue because [explain]. It is attached as Exhibit [__] and supported by the Affidavit of [Name] filed with this Motion.

E. ☐ Excessive or Inadequate Damages

17. The damages awarded ($[amount]) are [excessive / inadequate] because [explain with record evidence and governing authority]. Movant requests a new trial on damages or other specifically supported relief: [________________________________].

F. ☐ Irregularity / Misconduct

18. [Describe the irregularity in the proceedings, jury misconduct, or misconduct of an adverse party, with record support, and explain how it prevented a fair trial.]

VII. RELIEF REQUESTED

19. WHEREFORE, the Movant respectfully requests that the Court:

a. GRANT this Motion;
b. ☐ order a new trial on [all issues / the issue(s) of [specify]]; and/or
c. ☐ alter or amend the Judgment entered [__/__/____] as follows: [state the relief];
d. [If nonjury] open the Judgment, take additional testimony, amend or make new findings of fact and conclusions of law, and direct entry of a new judgment, pursuant to Rule 59(a)(2); and
e. grant such other and further relief as the Court deems just and proper.

VIII. TIMING AND TOLLING NOTE; CROSS-REFERENCE

20. Timing. A motion to alter or amend the judgment or for a new trial must be filed no later than 28 days after entry of judgment. D.C. Super. Ct. R. Civ. P. 59(b), (e). Rule 6(b)(2) bars the Court from extending those periods except as authorized by an emergency order under Rule 6(b)(3). The Judgment was entered on [__/__/____], and this Motion is filed within the period calculated under Rule 6(a).

21. Appeal time. If this Rule 59 motion is timely, the time to appeal runs for all parties from entry of the order fully disposing of the last remaining motion listed in D.C. App. R. 4(a)(4)(A). An order conditioned on acceptance of a remittitur follows the additional timing rule in Rule 4(a)(4)(B)(i).

22. Affidavits. When a new-trial motion is based on affidavits, the affidavits must be filed with the Motion; the opposing party has 14 days after being served to file opposing affidavits, and the Court may permit reply affidavits. D.C. Super. Ct. R. Civ. P. 59(c).

23. Other postdecision relief. D.C. Super. Ct. R. Civ. P. 60 provides separate grounds for relief from a final judgment or order, including the reasons listed in Rule 60(b), with timing governed by Rule 60(c). Use the procedure that matches the relief requested.

24. Proposed order. A proposed order granting the relief requested is submitted with this Motion.

25. Other parties' position. On [DATE] at [TIME], [NAME] discussed the requested relief with [OPPOSING COUNSEL / PARTY] by [METHOD] to determine whether the motion is opposed and narrow any disagreement. [OPPOSING PARTY] [consents / opposes / has not responded]. [If opposed or unanswered, state each contact's date, time, method, response, and the issues still disputed: __________]. If all affected parties consent, identify this filing as a consent motion in the title. See D.C. Super. Ct. R. Civ. P. 12-I(a) for its requirements on nondispositive motions.

DATED: [__/__/____]

Respectfully submitted,

__________________________________
[ATTORNEY NAME]
D.C. Bar No. [____________]
[LAW FIRM NAME]
[ADDRESS]
[WASHINGTON, D.C. ZIP]
Telephone: [____________]
Email: [____________]
Counsel for [MOVING PARTY]

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on [__/__/____], a true and correct copy of the foregoing Motion for a New Trial and/or to Alter or Amend the Judgment, supporting materials, and [Proposed] Order was served on all parties through their counsel of record, or directly if unrepresented, under D.C. Super. Ct. R. Civ. P. 5, by the method selected below:

☐ Court-authorized electronic filing and service system to registered users
☐ Email permitted by administrative order or the recipient's written consent
☐ First-class U.S. mail, postage prepaid
☐ Hand delivery

[NAME OF OPPOSING COUNSEL / PARTY]
[ADDRESS]
[EMAIL]

__________________________________
[ATTORNEY NAME]

[PROPOSED] ORDER

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA — CIVIL DIVISION

Case No. [________________________________]

ORDER ON [MOVING PARTY]'S MOTION FOR A NEW TRIAL AND/OR TO ALTER OR AMEND THE JUDGMENT

Upon consideration of [Moving Party]'s Motion for a New Trial and/or to Alter or Amend the Judgment, any opposition and reply, the trial record, and the entire record herein, and the Court finding that the interests of justice [require / do not require] the relief requested, it is this ____ day of ____________, 20__, hereby

ORDERED that the Motion is [GRANTED / DENIED]; and it is further

ORDERED that [a new trial is granted on (all issues / the issue(s) of [specify]) / the Judgment entered (date) is altered or amended as follows: (insert)].

__________________________________
Associate Judge, Superior Court of the District of Columbia

Existing scheduling-order dates: [________________________________]. Dates affected by this Order, if any: [________________________________].

Copies of this Order shall be sent to: [NAMES, ADDRESSES, AND ELECTRONIC-SERVICE STATUS: ________________________________].

SOURCES & REFERENCES

• D.C. Super. Ct. R. Civ. P. 59 — New Trial; Altering or Amending a Judgment. Rule 59(a)(1): the court may "grant a new trial on all or some of the issues—and to any party," (A) after a jury trial, for any reason for which a new trial has heretofore been granted in an action at law in federal court or District of Columbia courts, or (B) after a nonjury trial, for any reason for which a rehearing has heretofore been granted in a suit in equity in federal or D.C. courts. Rule 59(a)(2): after a nonjury trial, on a new-trial motion the court may open the judgment, take additional testimony, amend or make new findings of fact and conclusions of law, and direct entry of a new judgment. Rule 59(b): a motion for a new trial must be filed no later than 28 days after entry of judgment; Rule 59(e): a motion to alter or amend a judgment must be filed no later than 28 days after entry of judgment. Rule 59(c): affidavits supporting a new-trial motion must be filed with the motion; the opposing party has 14 days after being served to file opposing affidavits, and the court may permit reply affidavits. Rule 59(d): the court may act on its own initiative no later than 28 days after entry of judgment and must specify the reasons in its order. (Per the 2017 Comment, Civil Rule 59 is identical to FRCP 59 except that (a)(1) references District of Columbia courts and (a)(2) is subdivided.)
• D.C. App. R. 4(a)(4)(A) — a timely motion in the Superior Court, including a motion "to vacate, alter, or amend the order or judgment" (a)(4)(A)(iii) or "for a new trial" (a)(4)(A)(iv), causes the time to appeal to run for all parties from entry of the order disposing of the last such remaining motion.
• D.C. Super. Ct. R. Civ. P. 6(a), (b)(2)-(3) — computation of time and bar on extending Rule 59(b), (d), and (e) except to the extent authorized by an emergency order under Rule 6(b)(3).
• D.C. Super. Ct. R. Civ. P. 60 — Relief from a Judgment or Order (mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, fraud, void judgment, or any other reason justifying relief) — SEPARATE template.
• D.C. Super. Ct. R. Civ. P. 5 — service of pleadings and other papers.
• D.C. Super. Ct. R. Civ. P. 12-I(f) — proposed order accompanying a motion, with recipient and scheduling-date details.