W.R.C.P.Ch.C. 59

(a) In General.

(1) Grounds for New Trial. The chancery court may, on motion, grant a

new trial on all or some of the issues, for any of the following causes:

(A) Irregularity in the proceedings of the chancery court, referee,

master or prevailing party, or any order of the chancery court or referee, or

abuse of discretion, by which the party was prevented from having a fair

trial;

(B) Misconduct of the prevailing party;

(C) Accident or surprise, which ordinary prudence could not have

guarded against;

(D) Excessive damages appearing to have been given under the influ-

ence of passion or prejudice;

(E) Error in the assessment of the amount of recovery, whether too large

or too small;

(F) That the report or decision is not sustained by sufficient evidence or

is contrary to law;

(G) Newly discovered evidence, material for the party applying, which

the party could not, with reasonable diligence, have discovered and

produced at the trial;

(H) Error of law occurring at the trial.

(2) Further Action After a Trial. After a trial, the chancery court may, on

motion for a new trial, 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.

(b) Time to File a Motion for a New Trial. A motion for a new trial must be

filed no later than 28 days after the entry of judgment.

(c) Time to Serve Affidavits. When a motion for a new trial is based on

affidavits, they must be filed with the motion. The opposing party has 14 days

after being served to file opposing affidavits, but that period may be extended

for up to 21 days, either by the chancery court for good cause or by the parties’

written stipulation. The chancery court may permit reply affidavits.

(d) New Trial on the Chancery Court’s Initiative or for Reasons Not in the

Motion. No later than 28 days after the entry of judgment, the chancery court,

on its own, may order a new trial for any reason that would justify granting one

on a party’s motion. After giving the parties notice and an opportunity to be

heard, the chancery court may grant a timely motion for a new trial for a

reason not stated in the motion. In either event, the chancery court must

specify the reasons in its order.

(e) Motion to Alter or Amend a Judgment. A motion to alter or amend a

judgment must be filed no later than 28 days after the entry of the judgment.