Del. Ct. Com. Pl. Civ. R. 59

(a) Grounds. A new trial may be granted to all or any of the parties and on all or part of the issues in an

action in which there has been a trial for any of the reasons for which new trials have heretofore been

granted in this Court. On a motion for a new trial, the Court may open the judgment if one has been

entered, take additional testimony and direct the entry of a new judgment.

(b) Time and procedure for motion. The motion for a new trial shall be served and filed not later than 10

days after the entry of judgment. The motion shall be accompanied by a brief and affidavit, if any. The

motion shall briefly and distinctly state the grounds therefor.

If the motion is not accompanied by affidavits, the opposing party, within 10 days after service of

such motion, may serve and file a short answer to each ground asserted in the motion, accompanied

by a brief, if the opposing party desires to file one.

If the motion is accompanied by affidavits, the opposing party has 10 days after such service within

which to serve and file that party’s answer and opposing affidavits and brief, if any; this period may

be extended for an additional period not exceeding 10 days either by the Court for good cause shown

or by the parties by written stipulation. Reply affidavits and briefs may be served and filed within 10

days after service of the opposing affidavits and briefs; this period may be extended for an additional

period not exceeding 10 days, either by the Court for good cause shown or by the parties by written

stipulation.

The Court shall determine from the motion, answer, affidavits and briefs, whether a new trial shall be

granted or denied or whether there shall be oral argument on the motion. A copy of the motion,

answer, affidavits and briefs shall be furnished forthwith by the respective parties serving them to the

Judge involved.

(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 for any reason for which it might have granted a new trial 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, timely served, 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 served and

filed not later than 10 days after entry of the judgment.

(e) Rearguments. A motion for reargument shall be served and filed within 5 days after the filing of the

Court’s opinion or decision. The motion shall briefly and distinctly state the grounds therefor. Within 5

days after service of such motion, the opposing party may serve and file a brief answer to each ground

asserted in the motion. The Court will determine from the motion and answer whether reargument will be

granted. A copy of the motion and answer shall be furnished forthwith by the respective parties serving

them to the Judge involved.