Summary. Post-trial motions are won or lost on preservation and deadlines, and this checklist turns both into concrete actions. It runs in the order the work happens: preserving issues before the case goes to the jury, verdict day, entry of judgment and the calendar, choosing the motions, drafting the renewed JMOL and the new trial and remittitur motion, and using Rules 59(e), 52(b), and 60. Separate parts cover opposing the motions, the hearing and remittitur election, stays and bonds, costs, fees, and interest, and the notice of appeal. A part on intellectual property verdicts covers injunctions, enhancement, ongoing royalties, profits, and statutory damages. Each item carries a short note and the controlling rule or case, and the checklist closes with common mistakes, a table of key authorities, and a short FAQ.

Most lost post-trial motions were lost before they were written: a Rule 50(a) motion that never mentioned damages, an instruction objection that named no ground, a deadline counted from the verdict instead of the judgment. The items below are the ones that cannot be fixed afterward. Work through them in order, and assign every unchecked box to a named person.

How to use this checklist. Items marked [Loser] belong to the party attacking the verdict, [Winner] to the party defending it, and [Both] to everyone; untagged items apply to whichever side is doing the act described. For the doctrine behind each item, see Post-Trial Motions in Federal Court: Judgment as a Matter of Law, New Trial, Remittitur, and Relief From Judgment; for the step-by-step procedure, see Filing or Opposing Post-Trial Motions Under Rules 50, 59, and 60: A Practical Guide; for model motions, worksheets, and orders, see the Post-Trial Toolkit: Rule 50 Renewals, New Trial Briefs, and Remittitur Analyses.

Part 1: Before the case goes to the jury

Rule 50(a) motions

  • [Both] Prepare a written Rule 50(a) motion before the opposing side rests, organized claim by claim and element by element, naming the missing evidence for each.
    • Note: the motion must "specify the judgment sought and the law and facts that entitle the movant to the judgment." Fed. R. Civ. P. 50(a)(2). A general motion preserves nothing.
  • [Loser-to-be] Move at the close of the opponent's case, and again at the close of all the evidence.
    • Note: the second motion catches evidence that came in later and avoids arguments about what the first one covered.
  • Include every damages category separately (lost profits, reasonable royalty, corrective advertising, defendant's profits, statutory damages, punitive damages).
  • Include every predicate for enhanced, exemplary, or punitive damages (willfulness, malice, reprehensibility).
  • In a patent case, include every invalidity theory and every prior-art reference you may challenge later.
    • Note: in i4i, a motion on anticipation did not preserve obviousness.
  • [Winner-to-be] Move on the opponent's affirmative defenses and counterclaims that lack evidentiary support.
  • Renew in the Rule 50(a) motion every argument lost at summary judgment that you still want reviewed.
  • Pair every Rule 702 objection to an expert with a sufficiency argument that the remaining evidence cannot carry the element.
  • File the written motion on the docket, argue it outside the jury's presence, and get a ruling or a statement that the court is reserving.
  • Have each co-party move separately or join expressly on the record.
  • [Opponent of the motion] If a specific motion identifies a curable gap, decide immediately whether to ask to reopen and fill it.

Instructions and verdict form

  • File proposed instructions on the court's schedule, with authority for each.
  • At the charge conference, object to each instruction given and each refused, stating distinctly the matter objected to and the grounds, on the record and before the jury retires.
    • Note: Fed. R. Civ. P. 51(c). Unpreserved instructional error is reviewed only for plain error, Rule 51(d)(2).
  • For each refused instruction you requested, confirm the record shows both the request and an objection, unless the court rejected the request in a definitive ruling on the record.
  • Check that you did not propose the language you now dislike (invited error).
  • Propose a verdict form under Fed. R. Civ. P. 49 that separates liability theories, damages categories, time periods, and defendants.
  • Object on the record to the final verdict form if it differs from what you proposed.
  • Get a copy of the instructions exactly as read, and confirm it matches the written charge.

Evidence, offers of proof, and misconduct

  • Object to each item of evidence you may challenge later, on time and with the specific ground; move to strike testimony that comes in before an objection can be made.
  • Make an offer of proof for every exclusion you may challenge, either on the record or in writing.
    • Note: Fed. R. Evid. 103(a). A definitive in limine ruling preserves the issue without renewal, Rule 103(b), but renew if in doubt.
  • Request limiting instructions when evidence comes in for a limited purpose. Fed. R. Evid. 105.
  • Object to improper argument when it is made (golden rule, send-a-message, personal belief, references to excluded evidence), request a curative instruction, and move for a mistrial if warranted.
    • Note: without a contemporaneous objection, a misconduct argument usually fails or gets only plain-error review. The exception is the trial so saturated with misconduct that no curative instruction could have helped: in Park West Galleries, Inc. v. Hochman, 692 F.3d 539 (6th Cir. 2012), the Sixth Circuit affirmed a new trial despite the plaintiff's failure to object, because defense counsel's misconduct was frequent, highly prejudicial, and pervasive. Do not plan on being that case.
  • Raise any suspected juror issue (sleeping, outside research, contact with a party) promptly and ask for an inquiry.

The running record

  • Assign one lawyer to read every daily transcript and log objections, rulings, admissions, limiting instructions, and gaps in proof by element, with page and line.
  • Keep an exhibit tracker showing what was admitted, excluded, or limited.
  • Log deposition designations actually played or read, by page and line range. See Deposition Designation and Errata Checklist: A Practical Checklist.
  • Update the proof-by-element chart at the close of each witness.

Part 2: Verdict day

  • [Both] Read every answer on the verdict form before the jury is discharged: arithmetic, skipped questions, duplicated damages, and consistency between answers and any general verdict.
  • Poll the jury if unanimity is in doubt. Fed. R. Civ. P. 48(c).
  • Raise any inconsistency at sidebar and ask the court to resubmit the questions with a clarifying instruction.
  • Check the local rule on post-verdict juror contact before anyone contacts a juror.
    • Note: Rule 606(b) bars most juror testimony about deliberations in any event. Fed. R. Evid. 606.
  • Preserve any evidence of extraneous information or outside influence through declarations from non-jurors.
  • [Winner] Ask for entry of judgment on a separate document under Rule 58(d) and submit a proposed form.
  • Ask the court whether it will enter judgment now or after deciding equitable issues (injunction, interest, enhancement), and calendar accordingly.
  • Order expedited transcripts of the Rule 50(a) argument, charge conference, instructions as given, and closings, plus anything else the motions will cite.
  • [Loser] Call the surety and start the bond application.
  • [Winner] Start the prejudgment interest calculation, bill of costs, and fee declarations.
  • [Both] Brief the client on the 28-day window, interest, bond costs, the likely timeline, and settlement options.

Part 3: Entry of judgment and the calendar

  • Confirm the date the judgment was set out in a separate document and entered on the civil docket. Fed. R. Civ. P. 58.
    • Note: the verdict, an oral ruling, and an email notice do not start the clock. If no separate document is prepared, judgment is deemed entered 150 days after the decision is docketed.
  • Calendar from the docket entry, with reminders seven days and two days out, and have a second lawyer check every date:
    • day 14: fee motion, Rule 54(d)(2)(B), unless a statute or order provides otherwise;
    • day 28: Rule 50(b), 52(b), 59(a), and 59(e) motions, and any Rule 60 motion meant to toll the appeal;
    • day 30: automatic stay of execution ends, Rule 62(a);
    • day 30 (or the next business day): notice of appeal if no tolling motion is filed, 60 days if the United States is a party;
    • the local rule's deadline for the bill of costs.
  • Do not rely on any extension, stipulation, or scheduling order that puts a motion after day 28.
  • If any doubt exists about whether a motion tolls the appeal clock, calendar a protective notice of appeal for day 30.
  • If judgment is entered on fewer than all claims, check for a Rule 54(b) certification; without one, the judgment is not final.
  • If the court later enters an amended judgment, recalculate every deadline from the new entry.

Part 4: Choosing the motions

  • List each problem with the verdict and match it to a motion:
    • legally insufficient evidence: renewed JMOL, Rule 50(b);
    • verdict against the clear weight of the evidence, prejudicial error, misconduct, excessive or inadequate damages: new trial, Rule 59(a);
    • a judgment that does not match the verdict or the law: Rule 59(e);
    • clerical error: Rule 60(a);
    • bench-trial findings: Rule 52(b);
    • later-discovered evidence or misconduct: Rule 60(b).
  • Confirm each ground was preserved at trial, and drop any that was not.
  • Rank the surviving grounds by preservation strength and effect on the outcome; plan to lead with the top one or two.
  • Decide whether to seek partial relief (a damages-only trial) and confirm the issue is separable.
  • [Winner] List your own motions: prejudgment interest, enhancement, fees, costs, injunction, and new trial on any inadequate award.
  • Weigh the costs of filing (interest, the court's patience, a detailed adverse opinion) against the benefits (preservation, de novo review of sufficiency, settlement leverage).

Part 5: Drafting the renewed motion for judgment as a matter of law

  • [Loser] Plan one combined filing: a renewed motion under Rule 50(b), with alternative requests for a new trial under Rule 59(a) and for a remittitur.
    • Note: Rule 50(b) expressly allows "an alternative or joint request for a new trial under Rule 59." Fed. R. Civ. P. 50(b). One filing keeps every ground, record cite, and deadline in one place.
  • File no later than 28 days after entry of judgment, or, if the motion addresses a jury issue the verdict did not decide (a hung jury), no later than 28 days after the jury was discharged.
    • Note: no extension is possible. Fed. R. Civ. P. 6(b)(2). A motion filed before judgment is entered is timely.
  • Put every ground in the motion itself, stated with particularity. A one-paragraph "placeholder" that promises the real grounds later invites a fight over whether the late-arriving grounds were timely.
    • Note: a motion must "state with particularity the grounds for seeking the order." Fed. R. Civ. P. 7(b)(1)(B).
  • Open with a preservation map that ties each renewed ground to the page of the written Rule 50(a) motion, or the transcript, where it was made, and to the court's ruling on it.
  • In a patent case, match each invalidity theory and each prior-art reference to the pre-verdict motion.
  • Move any unpreserved sufficiency point into the new trial section, recast as a weight-of-the-evidence argument, which does not depend on a Rule 50(a) motion.
  • State the standard accurately: the whole record, every reasonable inference for the verdict winner, no credibility determinations, and no weight for evidence favoring the movant that the jury was free to disbelieve. Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133 (2000).
  • Argue element by element. For each, quote the verdict winner's best evidence with a pinpoint cite and explain why it is legally insufficient even when read in the winner's favor.
  • Where an element rests on expert testimony you challenged under Fed. R. Evid. 702, argue both that the testimony should have been excluded and that the rest of the record cannot carry the element. Weisgram v. Marley Co., 528 U.S. 440 (2000).
  • Stay inside the trial record: no new declarations, no new theories, no excluded evidence.
  • Ask for a specific judgment on specific claims or issues, and say what the judgment should read.
  • Draft the proposed order with alternative paragraphs, including the conditional new trial ruling that Rule 50(c)(1) requires if judgment is granted.
  • Check the local rule and the judge's practices for page limits, and get leave to exceed them before day 28.
  • Attach as separate exhibits the verdict form, the instructions as read, the written Rule 50(a) motion, the transcript of the Rule 50(a) argument and ruling, and the trial excerpts the brief cites, in citation order.

Part 6: Drafting the new trial and remittitur motion

Every ground

  • [Loser] Give each ground its own section in five parts: what happened, with record cites; where it was preserved; why it was error; why it probably changed the verdict; and the remedy (a full or partial new trial, or a remittitur).
  • Prove prejudice with the record: a special verdict answer that turns on the ruling, a jury note about the disputed point, a closing argument that leaned on the error, or an award that is hard to explain without it.
  • File every supporting affidavit or declaration with the motion, not afterward. Fed. R. Civ. P. 59(c).

Ground by ground

  • Weight of the evidence: build the argument on documents and undisputed facts that the verdict cannot be squared with, not on which witnesses deserved belief.
    • Note: the judge may weigh the evidence on a Rule 59 motion, 11 Wright & Miller § 2806, but a grant in a credibility contest is fragile. In Raedle v. Credit Agricole Indosuez, 670 F.3d 411 (2d Cir. 2012), the Second Circuit reversed such a grant, vacated the plaintiff's second-trial verdict, and reinstated the first verdict for the defense.
  • Instructions: quote the instruction as read, the correct statement of law with authority, and the Rule 51(c) objection, then explain why the charge as a whole did not cure the error.
  • Evidence: cite the objection or offer of proof, explain why the ruling was an abuse of discretion, and tie the evidence to the verdict. For the most common ground, see Federal Rule of Evidence 403 and Unfair Prejudice: A Practical Guide.
  • Attorney misconduct: list each remark with its objection, the curative request, and the court's response; argue cumulative effect only after documenting each instance.
  • Juror misconduct: support the motion with declarations from non-jurors where possible, and ask for an evidentiary hearing.
  • Newly discovered evidence: show by declaration that the evidence existed at the time of trial, could not have been found earlier with reasonable diligence, is admissible and material rather than cumulative or merely impeaching, and would probably change the result.
  • Inconsistent verdict: cite the objection made before the jury was discharged, and ask for a new trial limited to the affected issues.

Remittitur and excessive or inadequate damages

Part 7: Rules 59(e), 52(b), and 60

Rule 59(e): fixing the judgment

  • File within 28 days after entry of judgment; there is no extension. Fed. R. Civ. P. 59(e).
  • Use the motion to make the judgment match the verdict and the law: caps, setoffs and settlement credits, duplicate recovery across overlapping theories, prejudgment interest, injunction terms, and intervening changes in controlling law.
  • Do not use it to reargue the case or to raise arguments and evidence that could have been presented before judgment. Banister v. Davis, 590 U.S. 504 (2020); Exxon Shipping Co. v. Baker, 554 U.S. 471 (2008); 11 Wright & Miller § 2810.1.
  • If a paper could be read as either a Rule 59(e) or a Rule 60(b) motion, file it within 28 days so that it tolls the appeal clock under either label.

Rule 52(b): after a bench trial

  • Within 28 days, ask the court to amend its findings or make additional findings and to amend the judgment accordingly; the motion may accompany a Rule 59 motion. Fed. R. Civ. P. 52(b).
  • Submit the exact findings you propose, keyed to the record, for each element or damages figure the court did not address.
  • Remember what you do not need: no Rule 50 motion is required to preserve sufficiency after a bench trial, Rule 52(a)(5). And remember what you face: clear error review of every finding, including findings drawn from documents, Rule 52(a)(6); Anderson v. City of Bessemer City, 470 U.S. 564 (1985).

Rule 60: relief from the judgment

Part 8: Opposing the motions

  • [Winner] Calendar the opposition deadline under the local rule or scheduling order, and the deadline for opposing affidavits: 14 days after the motion is served. Fed. R. Civ. P. 59(c).
  • Check timeliness first. If the motion was filed after day 28, say so in the opening paragraph of the opposition.
  • Build a two-column preservation chart: each renewed ground on the left; on the right, the page and line of the Rule 50(a) motion that raised it, or "not raised."
  • Audit every new trial ground the same way: a distinct Rule 51(c) objection for each instruction attacked, a specific objection or offer of proof for each evidentiary ruling, a contemporaneous objection for each remark, and an objection to any inconsistency before the jury was discharged.
  • Check whether the movant requested the instruction or verdict question it now attacks (invited error).
  • Against JMOL, marshal the evidence for each challenged element with pinpoint cites, and name the inferences and credibility calls the verdict necessarily reflects.
  • Against a new trial, stress the jury's province over credibility and argue harmlessness from the record: the charge as a whole, curative instructions, the strength of the evidence, and why the result would have been the same. 28 U.S.C. § 2111.
  • Against remittitur, map the award to the evidence line by line, show it falls inside the range the evidence supports, and attack the movant's arithmetic and formula. In a diversity case, brief the state standard, which governs whether or not it favors you.
  • Against a punitive reduction, defend reprehensibility with record facts, justify the ratio, and compare the award to the civil penalties for comparable conduct.
  • If the court may grant JMOL, ask it to rule conditionally on the new trial request and to give reasons, Rule 50(c)(1). If judgment is entered against you, Rule 50(d) gives you 28 days from its entry to move for a new trial.
  • If JMOL is denied and the loser appeals, brief your new trial grounds in the appellee's brief under Rule 50(e), so the court of appeals does not direct judgment against you without considering them. Neely v. Martin K. Eby Construction Co., 386 U.S. 317 (1967).
  • File your own motions on their own deadlines (Parts 11 and 13).

Part 9: The hearing, the ruling, and the remittitur election

  • [Both] Request oral argument in the motion or opposition if the local rule allows it, and prepare a short handout: the preservation chart, the two or three record passages that matter most, and the remittitur arithmetic.
  • Submit a proposed order that rules on every ground, so that nothing is left for the court of appeals to guess at.
  • If the court is considering a new trial on a ground no party raised, ask for the notice and opportunity to be heard that Rule 59(d) requires, and for a statement of the grounds.
  • For a remittitur, confirm that the order states the reduced figure, the reasoning, the deadline to elect, and what happens if the plaintiff says nothing.
  • [Plaintiff] Before electing, weigh the realistic range of a second damages verdict, the cost and delay of a retrial against interest on the reduced figure, the defendant's appeal on liability (which proceeds either way), and settlement value.
  • [Plaintiff] Do not appeal the conditional order itself. It is not final until the election is made and judgment is entered, and Cortez dismissed exactly that appeal as premature.
  • [Plaintiff] To preserve a challenge to the reduction, reject the remittitur, retry damages, and appeal after the final judgment.
  • [Defendant] Remember that a remittitur does not prevent your appeal on liability, or your argument that even the reduced award is excessive.
  • [Both] Treat an order granting a new trial as interlocutory: no immediate appeal, and mandamus only in extraordinary cases. Allied Chemical Corp. v. Daflon, Inc., 449 U.S. 33 (1980). Preserve the objection for the appeal after retrial, and see the Interlocutory Appeal Checklist: A Practical Checklist for the narrow exceptions.
  • If the judgment changes, get an amended judgment on a separate document and recalculate every deadline from its entry. Fed. R. Civ. P. 58(a).
  • Revisit settlement. The ruling is often the first moment both sides agree on the range; see the Settlement Agreement Checklist: A Practical Checklist.

Part 10: Stays and bonds

  • [Loser] Treat day 30 as the last day of the automatic stay of execution. Fed. R. Civ. P. 62(a).
  • Get the surety's quote in the first week, and expect requests for financial statements, an indemnity agreement, and collateral.
  • Confirm the amount the local rule or the judge's practice requires (commonly the judgment plus a margin for interest, costs, and delay), and decide whether to ask for alternative security or a reduced bond.
  • File the motion to approve the bond, with the bond form and a proposed order, by about day 20, so that the stay is in place before day 31. Rule 62(b) lets one bond cover both the post-trial motions and the appeal.
  • If the judgment includes an injunction, move separately for a stay pending appeal, first in the district court; injunctions are not stayed automatically. Rules 62(c) and 62(d); Fed. R. App. P. 8; Nken v. Holder, 556 U.S. 418 (2009).
  • Increase or reduce the bond after any amended judgment.
  • [Winner] Insist on adequate security, oppose unsecured stays, and have execution under Fed. R. Civ. P. 69 and post-judgment discovery ready for day 31 if no stay is in place. See the Judgment Enforcement and Collections Toolkit.

Part 11: Costs, fees, and interest

Part 12: The notice of appeal

  • [Loser] Compute the deadline: 30 days after entry of the order disposing of the last timely tolling motion (Rule 50(b), 52(b), or 59, or a Rule 60 motion filed within 28 days). Fed. R. App. P. 4(a)(4)(A).
  • If you filed a notice before the ruling, file a new or amended notice within 30 days of the ruling to challenge it or any amended judgment. Fed. R. App. P. 4(a)(4)(B)(ii).
  • Designate the judgment appealed from. Since the 2021 amendments, designating the final judgment brings up the orders that merge into it. Fed. R. App. P. 3(c).
  • [Winner] Calendar any cross-appeal: 14 days after the first notice, or the time otherwise allowed, whichever ends later. Fed. R. App. P. 4(a)(3).
  • File a separate notice for a fee order entered after the merits judgment, unless a Rule 58(e) order folded the fee motion into the merits appeal.
  • Order the transcript within 14 days after the notice of appeal or the order disposing of the last tolling motion, whichever is later. Fed. R. App. P. 10(b).
  • If a deadline was missed, move within 30 days after it under Fed. R. App. P. 4(a)(5), or to reopen under 4(a)(6) if you did not receive notice of the judgment within 21 days after its entry. Nothing else helps, because the deadline is jurisdictional. Bowles.
  • Carry the record forward with the Appellate Record and Brief Checklist: A Practical Checklist.

Part 13: Intellectual property verdicts

Common mistakes

  1. Calendaring from the verdict or an email notice instead of the docket entry of the separate-document judgment.
  2. Relying on a stipulation or scheduling order that puts a motion after day 28.
  3. Renewing grounds the Rule 50(a) motion never mentioned, or filing no renewed motion at all.
  4. Proving error without proving prejudice, or filing affidavits after the motion instead of with it.
  5. Asking for a remittitur with no figure and no arithmetic, or asking for additur.
  6. Opposing on the merits without first checking timeliness and preservation.
  7. Accepting a remittitur "under protest" in the belief that it preserves an appeal.
  8. Starting the bond process on day 29.
  9. Filing the fee motion on day 15, or assuming it extends the time to appeal the merits.
  10. Skipping the new or amended notice of appeal after the post-trial ruling or an amended judgment.
  11. Expecting to raise after the verdict an affirmative defense that was never pleaded or preserved in the pretrial order. See the Answer and Affirmative Defenses Checklist: A Practical Checklist.

Key authorities at a glance

Authority What it controls Parts
Fed. R. Civ. P. 50 JMOL before and after the verdict; conditional rulings 1, 5, 8
Fed. R. Civ. P. 51 Instruction objections; plain error 1, 6
Fed. R. Civ. P. 52(b) Amended findings after a bench trial 7
Fed. R. Civ. P. 58 Separate document; when judgment is entered 3, 9
Fed. R. Civ. P. 59 New trial; affidavits; altering or amending 6, 7, 8
Fed. R. Civ. P. 60 Clerical errors; relief from judgment 7
Fed. R. Civ. P. 62 Automatic stay; bonds; injunctions 10
Fed. R. App. P. 4(a)(4) Tolling motions and the notice of appeal 3, 12
Unitherm; Belk No renewed motion, no sufficiency review 5
Reeves The JMOL standard 5, 8
Weisgram Judgment after excluding expert evidence 1, 5
Gasperini State excessiveness standards; deferential review 6
Gorsalitz; Earl The maximum recovery rule 6
Hetzel; Donovan Remittitur needs consent; acceptance ends the appeal 6, 9
Dimick No additur in federal court 6
Gore; State Farm; Cooper Constitutional review of punitive damages 6
Banister; Osterneck Scope of Rule 59(e) 7
Kemp; Pioneer Rule 60(b)(1) mistake and excusable neglect 7
Bowles; Browder Jurisdictional appeal deadline; late motions do not toll 3, 12

Frequently asked questions

The scheduling order gives us 45 days for post-trial motions. Can we rely on it? No. File a motion that states every ground with particularity by day 28. Rule 6(b)(2) forbids extending the deadline, and a late motion does not toll the appeal clock even if the court allowed it.

Do we need a post-trial motion to appeal? To challenge the sufficiency of the evidence after a jury trial, yes: a Rule 50(b) motion is required. A properly preserved objection to an instruction or an evidentiary ruling can be raised on appeal without one, but the motion gives the trial judge the first chance to fix the error and frames the record the court of appeals will read.

We found the other side's hidden documents six months after judgment. What now? Move under Rule 60(b)(3), which allows up to a year but still requires a reasonable time, and file in the district court even if an appeal is pending, with a request for an indicative ruling under Rule 62.1.

How long does a plaintiff have to accept a remittitur? As long as the order allows. Ask the court to set the period and to say what happens if the plaintiff is silent, and calendar it like any other deadline.

Practical takeaways

  • Preserve during trial: specific Rule 50(a) motions, distinct Rule 51 objections, offers of proof, and contemporaneous misconduct objections.
  • Count from the docket entry of the separate-document judgment, and treat days 14, 28, and 30 as walls.
  • File one combined motion with a preservation map, a prejudice showing for every ground, and a remittitur figure with its arithmetic.
  • If you won, attack timeliness and preservation before the merits, and ask for the conditional rulings that protect you on appeal.
  • Make the remittitur election knowing that acceptance ends any appeal of the reduction.
  • Have the bond approved before day 31, and file a new or amended notice of appeal after every post-trial ruling or amended judgment.

This document is general information, not legal advice for any particular situation; the law changes, and the facts matter.

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