Get Subsidiary Rule 59

For example, Rule 59 discusses a motion to alter or amend a judgment. Rule 60 deals with relief from judgment and Rule 50 of the Arizona Rules of Civil Procedure states: Rule 50. Judgment as a Matter of Law in Actions Tried by Jury; Alternative Motion for New Trial; Conditional Rulings.

Rule 59 - Motion to correct error (A) Motion to correct error - When mandatory. A Motion to Correct Error is not a prerequisite for appeal, except when a party seeks to address: (1) Newly discovered material evidence, including alleged jury misconduct, capable of production within thirty (30) days of final judgment.

So, for instance, Rule 59(e) could read as follows: (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. As set forth in Rule 6(b)(2), this deadline cannot be extended by the court.

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.

(D)Satisfaction/Release of Judgment. Upon payment in full of a judgment, including accrued interest and court costs, the judgment creditor shall file a satisfaction/release of judgment and the Clerk shall note the satisfaction/release of the judgment on the CCS and on the judgment docket.

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.

On a motion for a new trial in an action tried without a jury, 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.

What is a Rule 60(B) motion? Rule 60(B) is an equitable mechanism that allows a trial court to relieve a party from a judgment for eight different reasons. Rule 60(B) does not challenge the substantive legal merits of a judgment, only the procedural and equitable grounds justifying relief from that judgment.