RULE 37: NEW TRIAL OR RECONSIDERATIONS

Question 1

Grounds For Filing a Motion for New Trial:

Answer 1

1. Fraud, Accident, Mistake, or Excusable Negligence
2. Newly Discovered Evidence

Question 2

Grounds for Filing a Motion for Reconsideration:

Answer 2

1. Damages awarded are excessive
2. Evidence is insufficient to justify the decision or final order
3. Decision or final order is contrary to law

Question 3

Remedies BEFORE the finality of judgment:

Answer 3

1. Motion for Reconsideration
2. Motion for New Trial
3. Appeal

Question 4

Remedies AFTER the finality of judgment:

Answer 4

1. Petition of Relief from Judgment
2. Action for Annulment of Judgment
3. Petition for Certiorari
4. Collateral Attack of a Judgment

Question 5

When does a judgment become final and executory?

Answer 5

A judgment becomes final and executory upon the expiration of the period to appeal from a judgment or an order that finally disposes of the action or proceeding if no appeal has been perfected or after an appeal taken from the judgment or order has been finally resolved.

A motion for new trial or a motion for reconsideration shall be filed within the period for taking an appeal.

Question 6

Periods for taking an appeal:

Answer 6

1. Mere Notice of Appeal - within 15 calendar days
2. Requires a Record on Appeal - within 30 calendar days
3. Habeas Corpus cases - within 48 hours

Question 7

Is a record on appeal only required in special proceedings, and in ordinary cases (which allow separate or multiple appeals) ?

Answer 7

Yes. A record on appeal is only required in special proceedings, and in ordinary cases which allow separate or multiple appeals.