SCRCP 59

(a) Grounds. A new trial may be granted to all or any of the parties and on all or part of the issues (1)

in an action in which there has been a trial by jury, for any of the reasons for which new trials have

heretofore been granted in actions at law in the courts of the State; and (2) in an action tried without a

jury, for any of the reasons for which rehearings have heretofore been granted in the courts of the

State. 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.

(b) Time for Motion. The motion for a new trial shall be made promptly after the jury is discharged,

or in the discretion of the court not later than 20 days thereafter. In non-jury actions the motion shall

be made not later than 20 days after the receipt of written notice of the entry of judgment or of the

filing of an order disposing of the action, if no judgment has been entered.

(c) Time for Serving Affidavits. When a motion for new trial is based upon affidavits they shall be

served with the motion. The opposing party has 10 days after such service within which to serve

opposing affidavits, which period may be extended for an additional period not exceeding 20 days

either by the court for good cause shown or by the parties by written stipulation. The court may permit

reply affidavits.

(d) On Initiative of Court. Not later than 20 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.

(e) Motion to Alter or Amend a Judgment. A motion to alter or amend the judgment shall be served

not later than 20 days after receipt of written notice of the entry of the order.

(f) Time for Appeal; End of Term. The time for appeal for all parties shall be stayed by a timely

motion under this Rule and shall run from the receipt of written notice of entry of the order granting

or denying such motions. The time within which to make the motions under this Rule shall not be

affected by the ending of a term of court or departure of the judge from the circuit, and the trial judge

shall retain jurisdiction of the action for the purpose of hearing and disposing of such motion if not

heard and disposed during the term. Except by consent of the parties, argument on the motion shall

be heard in the circuit where the trial was held. The motion may in the discretion of the court be

determined on briefs filed by the parties without oral argument.

(g) Judge to be Provided with Copy. A party filing a written motion under this rule shall provide a

copy of the motion to the judge within ten (10) days after the filing of the motion.

Note:

This Rule 59 is substantially the Federal Rule. It is consistent with Code § 15-27-150.

Rule 59(b) provides that if the motions are not made and heard during the term, the

more precise and definite Federal practice of allowing 10 days after the entry of

judgment to make the motion is more equitable. Rule 59(f) is added to provide that

departure from the circuit does not deprive the trial judge of jurisdiction to rule on

motions under this Rule and Rules 50, 52 and 60. It also provides flexibility for the trial

judge to determine the motions on briefs without oral argument.

Note to 1986 Amendment:

In jury trials, post-trial motions are made promptly at the end of the trial, or at that

time the court, upon motion, may grant an additional ten days to make them. These

amendments to Rules 59(b) and (e) and (f) conform the language to that of Rules 50

and 52, and provide that the time for appeal commences upon the receipt of written

notice of entry of the order disposing of such motions which was prior state practice,

rather than the date when the court signed the order which is the practice in the

federal courts.

Note to 1998 Amendment:

This amendment adds Rule 59(g). It is intended to help insure that the judge is

promptly notified that the motion has been filed.

Note to 2026 Amendment:

The amendment to paragraph (b) increases the maximum time the court may grant to

a party to serve and file a written motion for a new trial from 10 days to 20 days after

the jury is discharged. With respect to written orders, the amendment to paragraph

(b) similarly increases the time for non-jury actions and is measured from the receipt

of written notice of the entry of judgment or of the filing of an order. The amendment

to paragraph (e) increases the time a party has to serve and file a written motion to

alter or amend from 10 to 20 days of receipt of notice of entry of the order. Paragraph

(d) is similarly amended to extend the time the court may order a new trial on its own

initiative.

Last amended by Order dated April 30, 2026.