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Post-Judgment Motion Toolkit (Federal)
Practical Law Toolkit w-001-4105 (Approx. 12 pages)
Post-Judgment Motion Toolkit (Federal)
by Practical Law Litigation
| Maintained • USA (National/Federal) |
Resources to assist counsel with preparing, drafting, serving, and filing post-judgment motions in federal civil litigation, including motions for judgment as a matter of law, motions for a new trial, motions for attorneys' fees, motions to alter or amend a judgment, motions to correct clerical mistakes, and motions for substantive relief from a final judgment.
Post-judgment motions (sometimes called post-trial motions) play an important role in the trial and post-trial phases of federal civil litigation. For example, a party may use a post-judgment motion to:
- Clarify points raised before or during trial.
- Expand on arguments previously raised only in passing.
- Fully present the strongest arguments for relief from a judgment.
- Complete the record on appeal.
A party typically must move for both judgment as a matter of law and for a new trial to preserve certain issues and arguments for appeal (for example, challenges to the sufficiency of the evidence at trial). Even if not required, a post-judgment motion offers an aggrieved party an opportunity to challenge an adverse judgment directly with the district court, avoiding the time and expense of an appeal.
The resources in this Post-Judgment Motion Toolkit provide guidance on preparing, drafting, serving, and filing post-judgment motions in federal civil litigation, including:
- Motions for judgment as a matter of law under FRCP 50(a).
- Renewed motions for judgment as a matter of law under FRCP 50(b).
- Motions for a new trial under FRCP 59(a).
- Motions for attorneys' fees under FRCP 54.
- Motions to alter or amend a judgment under FRCP 59(e).
- Motions to correct clerical mistakes under FRCP 60(a).
- Motions for relief from judgment under FRCP 60(b).
For additional information on post-judgment motions and common deadlines in federal civil litigation, see: