State Court Motion for New Trial / to Alter or Amend Judgment (Civil) - Delaware
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
Before you use this: Choose the Rule 59(b) new-trial request, the Rule 59(d) alter-or-amend request, or both. Check the judgment-entry date and any Rule 58 order delaying entry after a verdict. Rule 6(a) controls calculation of the ten-day period; Rule 6(b) bars extending it. Reargument of an opinion or decision under Rule 59(e) uses a separate five-day route.
| Party | Role |
|---|---|
| [PLAINTIFF NAME] | Plaintiff |
| v. | |
| [DEFENDANT NAME] | Defendant |
| Case information | Detail |
|---|---|
| C.A. No. | [____________] |
| County | [NEW CASTLE / KENT / SUSSEX] |
| Judgment docket number | [____________] |
[MOVING PARTY]'S MOTION FOR NEW TRIAL AND/OR TO ALTER OR AMEND JUDGMENT
[Moving party], by [counsel / self-represented party], moves under Delaware Superior Court Civil Rule 59 for the relief selected below. The judgment was entered on [__/__/____] at docket number [____]. If Rule 58 delayed entry after a verdict, the verdict was rendered on [__/__/____] and the relevant court direction appears at docket number [____]. This motion is served and filed on [__/__/____].
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Relief selected. ☐ Grant a new trial under Rule 59(a)-(b) on [ALL ISSUES / SPECIFIED ISSUES: ____]. ☐ Alter or amend the judgment under Rule 59(d) as follows: [EXACT PROPOSED CHANGE].
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Grounds stated briefly and distinctly. The reason for the selected relief is [STATE EACH GROUND SEPARATELY]. For each ground identify the ruling, verdict issue, or judgment term at issue; the preserved objection or other record reference, if any; the controlling authority; and how the requested relief follows. Do not state a legal standard without the applicable current authority.
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Record and prejudice. The pertinent evidence or ruling appears at [TRIAL TRANSCRIPT / EXHIBIT / DOCKET AND PAGE]. The effect on the outcome was [EXPLAIN]. If the ground concerns trial error, explain why refusing relief would be inconsistent with substantial justice under Rule 61: [FACTS AND AUTHORITY].
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Nonjury action, if applicable. If the action was tried without a jury, Movant requests [OPEN JUDGMENT / TAKE ADDITIONAL TESTIMONY / AMEND FINDINGS OR CONCLUSIONS / MAKE NEW FINDINGS AND CONCLUSIONS / ENTER A NEW JUDGMENT] under Rule 59(a), for these stated reasons: [________________________________].
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Timeliness and supporting papers. The Rule 59(b) period runs from [JUDGMENT ENTRY / VERDICT RENDITION UNDER THE RULE 58 EXCEPTION] on [__/__/____]; the Rule 59(d) period runs from judgment entry on [__/__/____]. Applying Rule 6(a), the applicable last day is [__/__/____]. This motion and its accompanying brief [and affidavit, if any] are served and filed on [__/__/____].
Movant requests an order granting the selected relief and any further relief the Court finds appropriate.
Dated: [__/__/____]
Signature: [________________________________]
Printed name and Delaware Bar number, if counsel: [________________________________]
Address, telephone, and email: [________________________________]
Counsel for / self-represented [PARTY]
SUPPORTING AFFIDAVIT (IF FACTS OUTSIDE THE RECORD ARE RELIED ON)
I, [AFFIANT NAME], being duly sworn, state from personal knowledge:
- My role in this matter is [________________________________].
- The facts supporting the grounds in the motion are [________________________________].
- Exhibit [____] is [DESCRIBE DOCUMENT AND HOW AFFIANT KNOWS IT].
Affiant signature: [________________________________] Date: [__/__/____]
Sworn to and subscribed before me on [__/__/____] by [AFFIANT NAME].
Notary signature: [________________________________] Commission expires: [__/__/____]
AFFIDAVIT OF SERVICE AND JUDGE COPY
I, [NAME], being duly sworn, state that on [__/__/____] I served this motion and its supporting papers on [EACH OTHER PARTY OR COUNSEL] by [METHOD] at [ADDRESS / ELECTRONIC SERVICE DESTINATION]. I furnished a copy to the judge involved on [__/__/____] by [METHOD].
Signature: [________________________________]
Sworn to and subscribed before me on [__/__/____] by [NAME].
Notary signature: [________________________________] Commission expires: [__/__/____]
[PROPOSED] ORDER
After considering the motion and any answer, the Court orders:
☐ A new trial is granted on [ALL ISSUES / SPECIFIED ISSUES: ____].
☐ The judgment entered on [__/__/____] is altered or amended as follows: [________________________________].
☐ The motion is denied.
Date: [__/__/____] Judge: [________________________________]
Sources and references
- Delaware Superior Court Civil Rules, 2026 edition, Rules 5, 6, 59, and 61.
- Delaware Judiciary rules catalog.
About this template
- Last updated
- October 4, 2026
- Citations checked
- October 4, 2026
- Jurisdiction
- Delaware
- Category
- Litigation & Court Documents
Legal authority
- Del. Super. Ct. Civ. R. 59(a)-(b) (new trial; grounds and time)
- Del. Super. Ct. Civ. R. 59(d) (alter or amend judgment; time)
- Del. Super. Ct. Civ. R. 59(e) (reargument; separate route)
- Del. Super. Ct. Civ. R. 6(a)-(b) (time calculation; no extension of Rule 59 periods)
- Del. Super. Ct. Civ. R. 61 (harmless error)
- Del. Super. Ct. Civ. R. 5(a), (f) (service and proof of service)
These are the filings that drive a lawsuit through the system: complaints, answers, motions, briefs, discovery requests and responses, and post-judgment papers. Each has its own format requirements under federal and state procedural rules, and each has a deadline that cannot be missed without consequences. Clean, procedurally correct filings move a case forward; sloppy ones invite motions to strike, amended responses, and avoidable delays.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 4, 2026.
Del. Super. Ct. Civ. R. 59(e) (checked October 4, 2026): "A motion for reargument shall be served and filed within 5 days after the filing of the Court’s opinion or decision."
Del. Super. Ct. Civ. R. 59(a) (checked October 4, 2026): "A new trial may be granted as to all or any of the parties and on all or part of the issues in an action in which there has been a trial for any of the reasons for which new trials have heretofore been granted in the Superior Court."
Del. Super. Ct. Civ. R. 59(b) (checked October 4, 2026): "The motion for a new trial shall be served and filed not later than 10 days after the entry of judgment, or the rendition of the verdict, if pursuant to Rule 58, the Court has directed that the judgment shall not be entered forthwith upon the verdict"
Del. Super. Ct. Civ. R. 59(d) (checked October 4, 2026): "A motion to alter or amend the judgment shall be served and filed not later than 10 days after entry of the judgment."
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