Del. Ch. Ct. R. 59 (2026)

Rule 59. New Trial or Other Action After Trial; Altering or Amending a Judgment; Reargument; Clarification (a) New Trial or Other Action After Trial. (1) Grounds for New Trial. The Court may, on motion, grant a new trial on all or some of the issues. (2) Other Action After Trial. The Court may, on motion, 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. (3) Time to File Motion. A motion for a new trial or other action after trial must be filed no later than 10 days after the entry of judgment. (4) Time to Serve Affidavits. Any affidavits in support of a motion for a new trial or other action after trial must be filed with the motion. The opposing party must file any opposing affidavits no later than 10 days after being served. The Court may permit reply affidavits. (5) On the Court’s Initiative or for Reasons Not in the Motion. No later than 10 days after the entry of judgment, the Court, on its own, may order a new trial or other action after trial for any reason that would justify granting a motion seeking that relief. If a party has moved for a new trial or other action after trial, then after giving the parties notice and an opportunity to be

heard, the Court may grant relief for a reason not stated in the motion. (b) Alter or Amend Judgment. A party may move to alter or amend judgment not later than 10 days after the entry of judgment. The motion may rely on any ground identified in Rule 60. (c) Reargument; Clarification. (1) Time. A party seeking reargument or clarification must move within five days after the ruling. After an oral ruling, any party may move within five days of the ruling for an extension to permit receipt of the transcript; no one may file an opposition or reply without leave of the Court. (2) Opposition. Any party opposing a motion for reargument or clarification must file its opposition within five days after the filing of the motion. (3) Reply. Unless the Court requests, a party may not file a reply in support of a motion for reargument or clarification. (d) Effect of Motion. The filing of a timely motion under this rule renders a judgment not final until the Court has ruled on the motion History. Amended, effective Oct. 23, 1979; May 18, 2026, effective June 1, 2026.