This sample opposition to a motion for a new trial in United States District Court is filed on the grounds that (1) the motion is untimely pursuant to Federal Rule of Civil Procedure 59(b) in that it was filed more than 28 days after entry of judgment, the moving party has failed to meet their burden of showing that (2) the verdict is contrary to the clear weight of the evidence, (3) is based upon false or perjurious evidence, (4) a new trial is necessary to prevent a miscarriage of justice and (5) newly discovered evidence that could not have been discovered earlier with due diligence and the newly discovered evidence is of such magnitude that production of it earlier would likely have changed the outcome of the case. The sample on which this preview is based is 10 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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Any Attorney or Party
Any Street
Any Town, CA 55555
714-555-5555
Any Attorney or Party
UNITED STATES DISTRICT COURT
________ DISTRICT OF _____________
Any Plaintiff,
Plaintiff,
vs.
Any Defendant, and DOES 1-5
Defendants.
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Case No.
OPPOSITION TO MOTION FOR NEW TRIAL;
MEMORANDUM OF POINTS AND
AUTHORITIES; DECLARATION OF
___________; EXHIBITS
DATE:
TIME:
PLACE
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_________________ (“Plaintiff”) herein submits their opposition to the motion for new trial
filed by filed by _____________________ (“______”) on the grounds that (1) the motion is untimely
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OPPOSITION TO MOTION FOR NEW TRIAL

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pursuant to Federal Rule of Civil Procedure 59(b) in that it was filed more than 28 days after entry of
judgment, __________ has failed to meet their burden of showing that (2) the verdict is contrary to
the clear weight of the evidence, (3) is based upon false or perjurious evidence, (4) a new trial is
necessary to prevent a miscarriage of justice and (5) newly discovered evidence that could not have
been discovered earlier with due diligence and the newly discovered evidence is of such magnitude
that production of it earlier would likely have changed the outcome of the case.
The Opposition to the Motion will be based on this Opposition, the attached Memorandum of
Points and Authorities, declaration of _________ and exhibits attached thereto, concurrently filed and
served herewith and incorporated herein by reference, the complete files and records of this action,
and such other and further oral and documentary evidence as may be presented at the hearing on this
Motion.
Dated_________________________ _______________________________________
Any Attorney or Party
Note that you should file and serve this opposition and all
supporting documents on all parties at least seven (7) calendar days
before the hearing unless a Local Rule or order of the Court states
otherwise pursuant to Federal Rule of Civil Procedure 6(c)(2).
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motion-for-new-trial-in-united-states-district-court
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OPPOSITION TO MOTION FOR NEW TRIAL