New Trial

Question 1

After trial, the losing party may file a Motion for New Trial within ____________ days after entry of Judgment. The trial judge may grant a new trial on any of the following grounds:
(1) __________
(2) _______________________
(3) __________
(4) result contrary to the ___________________________

Answer 1

twenty-eight (28)
(1) trial error
(2) newly discovered evidence
(3) misconduct
(4) great weight of the evidence

Question 2

The Court of Appeals may reverse the trial judge’s granting of a Motion for New Trial only if there was __________ to support the granting of a new trial.

Answer 2

no evidence

Question 3

Courts may grant a new trial, conditioned on remittitur or additur. __________ orders a new trial unless plaintiff accepts a lesser amount of damages. _______ orders a new trial unless defendant agrees to pay extra damages. Federal law prohibits _______ as a violation of the right to jury trial.

Answer 3

(1) Remittur
(2) additur
(3) additur

Question 4

A new trial may be granted for newly discovered evidence if the following conditions are met:
(1) the new evidence was discovered _________________
(2) the new evidence was not discoverable by ___________________ prior to the first trial
(3) the new evidence is not ________________
(4) the new evidence will ____________________

Answer 4

(1) after the first trial
(2) reasonable diligence
(3) merely cumulative
(4) probably produce a new result