Rule 59 - New trial; altering or amending a judgment (a) In General. (1) Grounds for New Trial. The court may, on motion, grant a new trial on all or some of the issues, for any of the following causes: (A) Irregularity in the proceedings of the court, jury, referee, master or prevailing party, or any order of the court or referee, or abuse of discretion, by which the party was prevented from having a fair trial; (B) Misconduct of the jury or prevailing party; (C) Accident or surprise, which ordinary prudence could not have guarded against; (D) Excessive damages appearing to have been given under the influence of passion or prejudice; (E) Error in the assessment of the amount of recovery, whether too large or too small; (F) That the verdict, report or decision is not sustained by sufficient evidence or is contrary to law; (G) Newly discovered evidence, material for the party applying, which the party could not, with reasonable diligence, have discovered and produced at the trial; (H) Error of law occurring at the trial. (2) Further Action After a Nonjury Trial. After a nonjury trial, the court may, on motion for a new trial, open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new ones, and direct the entry of a new judgment. (b) Time to File a Motion for a New Trial. A motion for a new trial must be filed no later than 28 days after the entry of judgment. (c) Time to Serve Affidavits. When a motion for a new trial is based on affidavits, they must be filed with the motion. The opposing party has 14 days after being served to file opposing affidavits, but that period may be extended for up to 21 days, either by the court for good cause or by the parties' written stipulation. The court may permit reply affidavits. (d) New Trial on the Court's Initiative or for Reasons Not in the Motion. No later than 28 days after the 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. In either event, the court must specify the reasons in its order. (e) Motion to Alter or Amend a Judgment. A motion to alter or amend a judgment must be filed no later than 28 days after the entry of the judgment. Adopted effective March 1, 2017