22.30 - C. Motion For New Trial Or To Amend Judgment

JurisdictionNew York

C. Motion for New Trial or to Amend Judgment

Motions for a new trial in both jury and nonjury cases or to amend a judgment are governed by Fed. R. Civ. P. 59. Rule 59 empowers the court to prevent what it considers a miscarriage of justice by permitting a new trial to be granted on any grounds recognized in federal practice. Such grounds resemble those in state court and include the following: (1) the verdict is against the weight of the evidence; (2) the damages are excessive; or (3) for some other reason, such as misconduct by counsel, the judge or jury, the trial was not fair.

The above list is not exhaustive. The “absence of a listing of specific grounds should not obscure the governing principle. The court has the power and duty to order a new trial whenever, in its judgment, this action is required in order to prevent injustice.”3459 Any error of law, if prejudicial, is sufficient to warrant a new trial, but a new trial will not be granted on grounds not called to the court’s attention during the trial unless the error was so fundamental that gross injustice would result.3460

The court may set aside a verdict on the ground that it is against the weight of the evidence and order a new trial even when there is substantial evidence supporting the verdict. In Bevevino v. Saydjari,3461 the Second Circuit, acknowledging the different views of some other courts, adopted the standard set forth in 6A Moore’s Federal Practice:

The trial judge, exercising a mature judicial discretion, should view the verdict in the overall setting of the trial; consider the character of the evidence and the complexity or simplicity of the legal principles which the jury was bound to apply to the facts; and abstain from
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