New trial motion by a party against whom judgment as a matter of law is rendered
Under Rule 50(d), a party against whom judgment as a matter of law is rendered must file any Rule 59 motion for a new trial no later than 28 days after entry of the judgment. Enter the entry date.
- FRCP 50(d)
- FRCP 6(b)(2)
- FRCP 6(a)
Find your motion deadline
After judgment as a matter of law in federal court.
The date of entry on the docket.
Holidays and court closures
Federal holidays under 5 U.S.C. 6103 are always skipped, including the observed weekday when a holiday falls on a weekend.
For weather or emergency closures. Check the court's notice to confirm it extends deadlines.
How the deadline is counted
- Start from entry of judgment. The entry day is not counted.
- Count 28 days.
- Move past closed days under Rule 6(a).
Worked examples
| Example | Judgment entered | Deadline |
|---|---|---|
| Judgment entered on a Monday | Mon, Oct 26, 2026 | Mon, Nov 23, 2026 |
| Judgment entered late November | Wed, Nov 25, 2026 | Wed, Dec 23, 2026 |
No extensions. Rule 6(b)(2) forbids extending the time for motions under Rules 50(b) and (d) and 59. The 3-day mail rule in Rule 6(d) does not apply because the period runs from entry, not service.
Common questions
How long do I have to move for a new trial after JMOL?
28 days after entry of the judgment under Rule 50(d).
Can the court extend it?
No. Rule 6(b)(2) prohibits extensions.
Does a timely motion affect the appeal deadline?
Yes. A timely Rule 59 motion postpones the time to appeal until the order disposing of it is entered (FRAP 4(a)(4)).
Sources
- Federal Rules of Civil Procedure, Rule 50(d)
- Federal Rules of Civil Procedure, Rule 6
- Federal Rules of Appellate Procedure, Rule 4(a)(4)
Rules last checked October 2026. This calculator does not give legal advice. Confirm the date against the rule and any order in your case.