Ind. Trial Rule 59

Effective July 15, 2021

(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 which, with reasonable diligence, could not

have been discovered and produced at trial; or

(2) A claim that a jury verdict is excessive or inadequate.

All other issues and grounds for appeal appropriately preserved during trial may be initially

addressed in the appellate brief.

(B) Filing of motion.

The motion to correct error, if any, may be made by the trial court, or by any party.

(C) Time for filing:

The motion to correct error, if any, must be filed not later than thirty (30) days after the entry

of a final judgment is noted in the Chronological Case Summary. The time at which the court

is deemed to have ruled on the motion is set forth in T.R. 53.3.

(D) Errors raised by motion to correct error, and content of motion.

Where used, a motion to correct error need only address those errors found in Trial Rule 59

(A)(1) and (2).

Any error raised however shall be stated in specific rather than general terms and shall be

accompanied by a statement of facts and grounds upon which the error is based. The error

claimed is not required to be stated under, or in the language of the bases for the motion

allowed by this rule, by statute, or by other law.

(E) Statement in opposition to motion to correct error.

Following the filing of a motion to correct error, a party who opposes the motion may file a

statement in opposition to the motion to correct error not later than fifteen [15] days after

service of the motion. The statement in opposition may assert grounds which show that the

final judgment or appealable final order should remain unchanged, or the statement in

opposition may present other grounds which show that the party filing the statement in

opposition is entitled to other relief.

(F) Motion to correct error granted.

Any modification or setting aside of a final judgment or an appealable final order following

the filing of a Motion to Correct Error shall be an appealable final judgment or order.

(G) Cross errors.

If a motion to correct error is denied, the party who prevailed on that motion may, in the

appellate brief and without having filed a statement in opposition to the motion to correct

error in the trial court, defend against the motion to correct error on any ground and may

first assert grounds for relief therein, including grounds falling within sections (A)(1) and (2) of

this rule. In addition, if a Notice of Appeal rather than a motion to correct error is filed by a

party, the opposing party may raise any grounds as cross-errors and also may raise any reasons to affirm the judgment directly in the appellate brief, including those grounds for which a

motion to correct error is required when directly appealing a judgment under Sections (A)(1)

and (2) of this rule.

(H) Motion to correct error based on evidence outside the record.

(1) When a motion to correct error is based upon evidence outside the record, the motion

shall be supported by affidavits showing the truth of the grounds set out in the motion and

the affidavits shall be served with the motion.

(2) If a party opposes a motion to correct error made under this subdivision, that party has fifteen [15] days after service of the moving party’s affidavits and motion, in which to file opposing affidavits.

(3) If a party opposes a motion to correct error made under this subdivision, that party has fifteen [15] days after service of the moving party’s affidavits and motion, in which to file its

own motion to correct errors under this subdivision, and in which to assert relevant matters

which relate to the kind of relief sought by the party first moving to correct error under this

subdivision.

(4) No reply affidavits, motions, or other papers from the party first moving to correct errors

are contemplated under this subdivision.

(I) Costs in the event a new trial is ordered.

The trial court, in granting a new trial, may place costs upon the party who applied for the

new trial, or a portion of the costs, or it may place costs abiding the event of the suit, or it

may place all costs or a portion of the costs on either or all parties as justice and equity in the

case may require after the trial court has taken into consideration the causes which made the

new trial necessary.

(J) Relief granted on motion to correct error.

The court, if it determines that prejudicial or harmful error has been committed, shall take

such action as will cure the error, including without limitation the following with respect to all

or some of the parties and all or some of the errors:

(1) Grant a new trial;

(2) Enter final judgment;

(3) Alter, amend, modify or correct judgment;

(4) Amend or correct the findings or judgment as provided in Rule 52(B);

(5) In the case of excessive or inadequate damages, enter final judgment on the evidence

for the amount of the proper damages, grant a new trial, or grant a new trial subject to

additur or remittitur;

(6) Grant any other appropriate relief, or make relief subject to condition; or

(7) In reviewing the evidence, the court shall grant a new trial if it determines that the verdict of a non-advisory jury is against the weight of the evidence; and shall enter judgment,

subject to the provisions herein, if the court determines that the verdict of a non-advisory

jury is clearly erroneous as contrary to or not supported by the evidence, or if the court

determines that the findings and judgment upon issues tried without a jury or with an

advisory jury are against the weight of the evidence.

In its order correcting error the court shall direct final judgment to be entered or shall correct

the error without a new trial unless such relief is shown to be impracticable or unfair to any

of the parties or is otherwise improper; and if a new trial is required it shall be limited only to

those parties and issues affected by the error unless such relief is shown to be impracticable

or unfair. If corrective relief is granted, the court shall specify the general reasons therefor.

When a new trial is granted because the verdict, findings or judgment do not accord with the

evidence, the court shall make special findings of fact upon each material issue or element of

the claim or defense upon which a new trial is granted. Such finding shall indicate whether

the decision is against the weight of the evidence or whether it is clearly erroneous as contrary to or not supported by the evidence; if the decision is found to be against the weight of

the evidence, the findings shall relate the supporting and opposing evidence to each issue

upon which a new trial is granted; if the decision is found to be clearly erroneous as contrary

to or not supported by the evidence, the findings shall show why judgment was not entered

upon the evidence.

(K) Orders regarding services, programs, or placement of children

alleged to be delinquents or alleged to be in need of services.

No motion to correct error is allowed concerning orders or decrees issued pursuant to Indiana Code sections 31-34-4-7(e), 31-34-19-6.1(e), 31-37-5-8(f), or 31-37-18-9(b). Appeals of such

orders and decrees shall proceed as prescribed by Indiana Appellate Rule 14.1.