28 USC App Rule 59: New Trials; Rehearings; Amendment of Judgments; Reconsideration
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28 USC App Rule 59: New Trials; Rehearings; Amendment of Judgments; Reconsideration
From Title 28-AppendixRULES OF THE UNITED STATES COURT OF FEDERAL CLAIMSTITLE VII-JUDGMENT

Rule 59. New Trials; Rehearings; Amendment of Judgments; Reconsideration

(a) Grounds. (1) A new trial or rehearing or reconsideration may be granted to all or any of the parties and on all or part of the issues, for any of the reasons established by the rules of common law or equity applicable as between private parties in the courts of the United States. On a motion under this rule, 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.

(2) The court, at any time while a suit is pending before it, or after proceedings for review have been instituted, or within 2 years after the final disposition of the suit, may grant the United States a new trial and stay the payment of any judgment upon satisfactory evidence, cumulative or otherwise, that any fraud, wrong, or injustice has been done the United States.

(b) Time for Motion and Response. Except as provided in subdivision (a)(2) of this rule, a motion filed pursuant to this rule shall be filed not later than 10 days after the entry of the judgment. No response to such a motion may be filed. However, the court will not rule in favor of such a motion without first requesting by order a response to it.

(c) On Initiative of Court. Not later than 10 days after entry of judgment the court of its own initiative may order a new trial or rehearing for any reason for which it might have granted a new trial or rehearing on motion of a party. After giving the parties notice and an opportunity to be heard on the matter, the court may grant a motion for a new trial or rehearing, timely filed, for a reason not stated in the motion. In either case, the court shall specify in the order the grounds therefor.

(d) Motion To Alter or Amend a Judgment. A motion to alter or amend the judgment shall be filed not later than 10 days after entry of the judgment.