§59.5 Purpose and Procedure

• Jurisdiction: Washington

§59.5 PURPOSE AND PROCEDURE

This section addresses the circumstances in which a motion for new trial may be brought.

(1) Purpose

The purpose of a motion for new trial under CR 59 is to provide the court and the parties with an opportunity to correct prejudicial trial error without the expense and delay associated with appeal. Koboski v. Cobb, 161 Wash. 574, 577, 297 P. 771 (1931).

(2) Procedure

Procedure under CR 59 is discussed below.

(a) Time for filing and service

Amotion for new trial or reconsideration must be filed within 10 days after the entry of judgment, but, in light of the 2005 amendment, the motion does not have to be served within this 10-day period. CR 59(b); In re Marriage of Smith, 158 Wn.App. 248, 255, 241 P.3d 449 (2010). The 10-day time period begins to run upon entry of the judgment, regardless of when the moving party received notice of the judgment. Metz v. Sarandos, 91 Wn.App. 357, 360, 957 P.2d 795 (1998). The 10-day deadline may not be extended by the court. CR 6(b); Metz, 91 Wn.App. at 360; Schaefco, Inc. v. Columbia River Gorge Comm'n, 121 Wn.2d 366, 367-68, 849P.2d1225 (1993). The 10-day deadline applies to a trial court's sua sponte consideration of a CR 59 motion, even when the court finds the situation works an "injustice" under CR 59(a)(9). In re Marriage of Knutson, 114 Wn.App. 866, 874, 60P.3d681 (2003). Because time for filing runs from entry, not service, the automatic three-day extension of time...