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KENTUCKY
RULES OF CIVIL PROCEDURE CR 59.01 GROUNDS A new trial may be granted to all or any of the parties and on all or part of the issues for any of the following causes: (a) Irregularity in the proceedings of the court, jury or prevailing party, or an order of the court, or abuse of discretion, by which the party was prevented from having a fair trial. (b) Misconduct of the jury, of the prevailing party, or of his attorney. (c) Accident or surprise which ordinary prudence could not have guarded against. (d) Excessive or inadequate damages, appearing to have been given under the influence of passion or prejudice or in disregard of the evidence or the instructions of the court. (e) Error in the assessment of the amount of recovery whether too large or too small. (f) That the verdict is not sustained by sufficient evidence, or is contrary to law. (g) Newly discovered evidence, material for the party applying, which he could not, with reasonable diligence, have discovered and produced at the trial. (h) Errors of law occurring at the trial and objected to by the party under the provisions of these rules. [Amended eff. 1-1-78; adopted eff. 7-1-53] CR 59.02 TIME FOR MOTION A motion for a new trial shall be served not later than 10 days after the entry of the judgment. [Adopted eff. 7-1-53] CR 59.03 TIME FOR SERVING AFFIDAVITS When a motion for a new trial is supported by affidavits the opposing party has 10 days after the 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. [Adopted eff. 7-1-53] CR 59.04 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. [Amended eff. 7-1-69; adopted eff. 7-1-53] CR 59.05 MOTION TO ALTER, AMEND OR VACATE A JUDGMENT A motion to alter or amend a judgment, or to vacate a judgment and enter a new one, shall be served not later than 10 days after entry of the final judgment. [Amended eff. 4-1-63; prior amendment eff. 6-1-60; adopted eff. 7-1-53] CR 59.06 PRESERVATION OF ERROR Allegations of error, otherwise properly preserved, in respect to rulings, orders or instructions of the court need not be presented in a motion for a new trial in order to be preserved for appellate review. [Adopted eff. 7-1-53] CR 59.07 PROCEEDINGS IN LIEU OF NEW TRIAL On motion for a new trial in an action tried without a jury, the court may grant a new trial or it 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 enter a new judgment. [Adopted eff. 7-1-53]
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