Remedy against Order Denying a Motion for New Trial or Reconsideration Flashcards
1
Q
What is the remedy against order denying a motion for new trial or reconsideration? What is its appropriate Rules of Court citation?
A
Since it is unappealable, the remedy available is the filing of an appropriate special civil action as provided in Rule 65.
Only when there is judgment or final order about the case that appeal is an appropriate recourse.
Rules of Court (Civil Procedure)
Rule 37 NEW RULE OR RECONSIDERATION
Section 9.
Remedy against order denying a motion for new trial or reconsideration. — An order denying a motion for new trial or reconsideration is not appealed, the remedy being an appeal from the judgment or final order.
