RULE 59. NEW TRIALS.

1. Any party may petition for a new trial on any or all of the issues presented by serving a motion not later than ten (10) days after entry of judgment for any of the following reasons:
   1. Error or irregularity in the Court proceedings or misconduct by one of the adverse parties which prevented one of the parties from receiving a fair trial.
   2. Misconduct of the jury or jury members or a finding that any question submitted to them was determined by a resort to chance.
   3. Accident or surprise or newly discovered evidence which ordinary prudence could not have guarded against or produced at trial.
   4. Damages so excessive or inadequate that they appear to have been given under the influence of passion or prejudice.
   5. Insufficiency of the evidence to justify the verdict or other decision or that is contrary to law.
   6. Error of law occurring at the trial, provided however, that the claimed error was accompanied by an objection, an offer of proof, or a motion to strike at the time the alleged error was made.
2. A new trial shall not be granted on the basis of any claim which is determined to be harmless in that it did not result in a substantial injustice.
3. All requests for new trial shall be summarily dismissed unless they are accompanied by affidavits establishing the particular facts in detail upon which the motion is based.  Arguments of law may also be included.
4. The Court may on its own initiative within ten (10) days after entry of judgment order a new trial on any grounds assertable by a party to the action and shall specify the reasons for so doing.
5. A motion to alter or amend a judgment shall be served within ten (10) days after the entry of judgment.