State Court Motion for New Trial / to Alter or Amend Judgment (Civil)

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

[MOVING PARTY]'S MOTION FOR A NEW TRIAL AND/OR TO ALTER OR AMEND THE JUDGMENT (Del. Super. Ct. Civ. R. 59)

MOTION

[MOVING PARTY NAME] ("Movant"), by and through undersigned counsel, hereby moves this Court pursuant to Superior Court Civil Rule 59 for an order granting a new trial [and/or altering or amending the judgment] entered on [__/__/____] in favor of [OPPOSING PARTY] and against Movant. In support, Movant states:

1. Timeliness. This Motion is served and filed within ten (10) days after the entry of judgment, as required by Superior Court Civil Rule 59(b) (new trial) and Rule 59 (alter or amend judgment). This Motion is accompanied by a brief [and affidavit].

2. Identification of the judgment. This action was tried [to a jury / to the Court] before the Honorable [JUDGE NAME] commencing [__/__/____]. On [__/__/____], [the jury returned a verdict / the Court rendered its decision] [describe], and judgment was entered on [__/__/____] [describe the judgment and amount].

3. Grounds. A new trial may be granted "for any of the reasons for which new trials have heretofore been granted in the Superior Court." Del. Super. Ct. Civ. R. 59(a). Movant seeks relief on the following ground(s) (check all that apply):

☐ A. Verdict against the great weight of the evidence. The verdict is contrary to the great weight of the evidence such that no reasonable jury could have reached the result. [State the dispositive failure of proof.]

☐ B. Error of law at trial. The Court committed prejudicial error of law — e.g., in [a jury instruction / an evidentiary ruling / the submission or refusal of a claim or defense] — that was preserved by objection and is inconsistent with substantial justice. (See Rule 61.)

☐ C. Excessive or inadequate damages. The damages awarded are [excessive / inadequate] as a matter of law. [State the basis; address remittitur/additur where applicable.]

☐ D. Newly discovered evidence. Material evidence has been discovered that, by due diligence, could not have been discovered in time, and is likely to change the result.

☐ E. Irregularity / misconduct. An irregularity in the proceedings or misconduct (of the jury or a party) prevented Movant from having a fair trial. [State facts; support by affidavit.]

☐ F. To alter or amend the judgment. The judgment should be altered or amended to [correct a manifest error of law or fact / conform to the evidence / correct the relief granted], as follows: [specify the amended judgment sought].

4. Nonjury action — additional relief (Rule 59(a)). [If tried to the Court:] On a motion for a new trial in an action tried without a jury, the Court may "open the judgment, 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." Del. Super. Ct. Civ. R. 59(a). Movant requests that the Court do so as follows: [specify].

5. Standard and prejudice. When considering a motion for a new trial, the Court gives enormous deference to the jury's verdict and will not set it aside unless no reasonable jury could have reached that result, the verdict is against the great weight of the evidence, or a prejudicial error of law occurred. Under Rule 61, no error is ground for a new trial or for disturbing the judgment "unless refusal to take such action appears to the Court inconsistent with substantial justice."

6. Relief requested. WHEREFORE, Movant respectfully requests that the Court GRANT this Motion and order a new trial on [all issues / the issue(s) of __________] [and/or alter or amend the judgment as set forth above], together with such other relief as the Court deems just.

Dated: [__/__/____]

[LAW FIRM NAME]

By: /s/ [COUNSEL NAME]
[COUNSEL NAME] (Bar No. [____])
[ADDRESS] | [PHONE] | [EMAIL]
Counsel for [MOVING PARTY]

SUPPORTING AFFIDAVIT (If the motion relies on facts outside the record)

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

I, [AFFIANT NAME], being 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 ground(s) asserted that rest on matters outside the trial record.]
3. Attached as Exhibit [A] is a true and correct copy of [document].

_______________________________
[AFFIANT NAME]

SWORN TO AND SUBSCRIBED before me this [__] day of [__________], 20[__].

_______________________________
Notary Public — My commission expires: __________

[PROPOSED] ORDER

AND NOW, this [__] day of [__________], 20[__], upon consideration of [MOVING PARTY]'s Motion for a New Trial and/or to Alter or Amend the Judgment, the brief and affidavit (if any) in support, and any answer thereto, IT IS HEREBY ORDERED that:

☐ The Motion is GRANTED, and a new trial is ordered on [all issues / the issue(s) of __________]. [The Court specifies the following grounds: __________. (Rule 59(c).)]

☐ The Motion is GRANTED, and the judgment entered [__/__/____] is altered/amended as follows: [specify].

☐ The Motion is DENIED.

SO ORDERED:

_______________________________
J. [JUDGE NAME]

TIMING AND APPELLATE NOTES (Delaware)

Note on subdivision lettering: In the Superior Court Civil Rules, Rule 59(a) states the grounds and (b) the time/procedure for the new-trial motion; the parallel motion to alter or amend the judgment (also 10 days) and the reargument motion (5 days, Rule 59(e)) appear in the same Rule 59. Confirm the exact subdivision letter cited for the alter-or-amend motion against the current rule text in your matter.

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 was served upon the following counsel of record via [File & ServeXpress / the Court's electronic filing system / hand delivery / email] in accordance with Superior Court Civil Rule 5, and that a copy was furnished to the Judge involved as required by Rule 59(b):

[OPPOSING COUNSEL NAME & ADDRESS]

/s/ [COUNSEL NAME]
[COUNSEL NAME] (Bar No. [____])
Counsel for [MOVING PARTY]

SOURCES & REFERENCES

• Del. Super. Ct. Civ. R. 59 (new trials and rearguments; alter or amend judgment): Rules of Civil Procedure for the Superior Court of the State of Delaware, https://courts.delaware.gov/superior/
• Del. Super. Ct. Civ. R. 50(b) (renewed motion for judgment as a matter of law): Superior Court Civil Rules.
• Del. Super. Ct. Civ. R. 60(b) (relief from judgment or order): Superior Court Civil Rules.
• Del. Super. Ct. Civ. R. 61 (harmless error): Superior Court Civil Rules.
• Del. Super. Ct. Civ. R. 6 (computation/enlargement of time): Superior Court Civil Rules.
• Delaware Trial Handbook § 29:4 (New Trial, Reargument, and Amendment of Judgment in Civil Cases): https://www.delawgroup.com/delaware-trial-handbook-%C2%A7-294-new-trial-reargument-and-amendment-of-judgment-in-civil-cases/