§ RULE 59. NEW TRIALS; AMENDMENT OF JUDGMENTS
RULE 59. NEW TRIALS; AMENDMENT OF JUDGMENTS
(a) Grounds. A new trial may be granted to all or any of the parties and on all or part of the issues for any of the following causes or grounds materially affecting the substantial rights of an aggrieved party: (1) Irregularity in the proceedings of the court, jury, master, or adverse party, or any order of the court, or master, or abuse of discretion by which either party was prevented from having a fair trial; (2) Misconduct of the jury or prevailing party; (3) Accident or surprise which ordinary prudence could not have guarded against; (4) 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; (5) Manifest disregard by the jury of the instructions of the court; (6) Excessive damages appearing to have been given under the influence of passion or prejudice; or, (7) Error in law occurring at the trial and objected to by the party making the motion. On a motion for a new trial in an action tried without a jury, the court may 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 the entry of a new judgment.
ADVISORY COMMITTEE'S NOTE
The federal rule was revised in 1953 to insert the existing grounds for new trial, 1931 NCL § 9385.52. The 1964 amendment deleted ground (7) (“Insufficiency of the evidence to justify the verdict or other decision, or that it is against law.”). See concurring opinion of Thompson, J., in City of Reno v. Van Ermen, 79 Nev. 369, 385 P.2d 345 (1963)
(b) Time for Motion. A motion for a new trial shall be filed no later than 10 days after service of written notice of the entry of the judgment.
ADVISORY COMMITTEE'S NOTE
The federal rule is revised to insert the provision that time shall run after service of written notice of the entry of judgment, rather than merely after the entry of judgment. The change from federal practice is necessitated by the fact that in federal practice, the clerk issues a notice of entry of judgment.
(c) Time for Serving Affidavits. When a motion for new trial is based upon affidavits they shall be filed with the motion. The opposing party has 10 days after service within which to file opposing affidavits, which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation. The court may permit reply affidavits.
(d) On Court's Initiative; Notice; Specifying Grounds. No later than 10 days after entry of judgment the court, on its own, may order a new trial for any reason that would justify granting one on a party's motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion. When granting a new trial on its own initiative or for a reason not stated in a motion, the court shall specify the grounds in its order.
(e) Motion to Alter or Amend a Judgment. A motion to alter or amend the judgment shall be filed no later than 10 days after service of written notice of entry of the judgment.
ADVISORY COMMITTEE'S NOTE
The federal rule is revised as in subsec. (b).