§59.4 Comparison with Federal Rule

• Jurisdiction: Washington

§59.4 COMPARISON WITH FEDERAL RULE

CR 59 is similar to Fed. R. Civ. P. 59, although there are discrete and important differences between the two rules. CR 59(a) lists grounds upon which a trial court may order a new trial, whereas Fed. R. Civ. P. 59(a) does not specify grounds, but permits the court to order a new trial in accordance with prior practice. Both Fed. R. Civ. P. 59(d) and CR 59(d) expressly empower the court to grant a motion for new trial on a ground not stated in the motion.

CR 59 contains a number of sections that are not in Fed. R. Civ. P. 59. For instance, the state rule includes provisions that address hearings, statement of reasons for the court's ruling, reopening judgment, alternative motions, and limits on motions. See CR 59(e), (f), (g), (i), and (j).

CR 59(b) requires parties to...