MBE Rules · Civil Procedure
New Trial
FRCP 59
The rule
Within 28 days of judgment a party may seek a new trial for verdicts against the great weight of the evidence, prejudicial trial error, misconduct, or newly discovered evidence.
In plain English
A party can request a new trial within 28 days after a judgment if they believe the verdict was not supported by the evidence, there were significant errors during the trial, there was misconduct, or if new evidence has come to light that could change the outcome. This rule allows for corrections when the trial process may have been flawed.
Worked example
After a jury trial, the plaintiff was awarded $100,000 in damages. The defendant believes the jury's decision was against the great weight of the evidence presented, as key evidence was overlooked. Within 28 days of the judgment, the defendant files a motion for a new trial based on this belief. The court grants the motion, allowing a new trial to reassess the evidence.
Memory hook
28 days to challenge a verdict that's off the rails!
The trap
Exams often include fact patterns where students must distinguish between legitimate grounds for a new trial and mere dissatisfaction with the verdict. Students may confuse procedural issues with substantive grounds.
How examiners test it
Questions typically present a scenario where a party is unhappy with the outcome and must identify if their reasons for seeking a new trial meet the specific legal standards outlined in the rule.
Drill this rule until it can't fail you.
Vrenberg generates unlimited questions on this exact rule, tracks your mastery of it, and brings it back until it sticks.