Rule 3.1600
Notice of intention to move for new trial
Post-trial
(a) Time for service of memorandum
Within 10 days after filing notice of intention to move for a new trial in a civil case, the moving party must serve and file a memorandum in support of the motion, and within 10 days thereafter any adverse party may serve and file a memorandum in reply.
(b) Effect of failure to serve memorandum
If the moving party fails to serve and file a memorandum within the time prescribed in (a), the court may deny the motion for a new trial without a hearing on the merits.
If you lost a court case and want to ask for a new trial, you must follow a strict timeline. After you file your notice that you plan to request a new trial, you have 10 days to write and file a memorandum explaining why you deserve one. The other side then has 10 days after that to file their own written response.
Missing the 10-day deadline is a serious problem. If you do not file your memorandum on time, the judge can reject your request for a new trial right away, without even looking at your reasons. This means the deadline is not flexible, and missing it could end your chance at a new trial entirely.
Summary generated March 14, 2026
No committee notes available for this rule.
Rule 3.1600 amended and renumbered effective January 1, 2007; adopted as rule 203 effective January 1, 1949; previously amended effective April 1, 1962, January 1, 1971, January 1, 1984, and January 1, 1987; previously amended and renumbered as rule 236.5 effective January 1, 2003.
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