Del. Fam. Ct. 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 the interest of justice. 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 15 days after the entry of judgment. 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 that 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 an 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 brief 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 judicial officer

involved.

(c) On initiative of Court. Not later than 15 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 15 days after entry of the judgment.

(e) Rearguments. A motion for reargument shall be served and filed within 15 days after the

filing of the Court’s opinion or decision. The motion shall briefly and distinctly state the

grounds therefor. Within 10 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 judicial officer

involved.