*T. RULE 37 (Codal) NEW TRIAL OR RECONSIDERATION Flashcards
Section 1. Grounds of and period for filing motion for new trial or reconsideration.
i. when: Within the period for taking an appeal
ii. the aggrieved party may move the trial court to set aside the judgment or final order and grant a new trial
a. FAME
b. NDE
c. Damages awarded are excessive
-evidence is insufficient to justify the decision or final order
-the decision or final order is contrary to law.
Section 1. Grounds of and period for filing motion for new trial or reconsideration. -
Within the period for taking an appeal, the aggrieved party may move the trial court to set aside the judgment or final order and grant a new trial for one or more of the following causes materially affecting the substantial rights of said party:
(a) Fraud, accident, mistake or excusable negligence which ordinary prudence could not have guarded against and by reason of which such aggrieved party has probably been impaired in his rights; or
(b) Newly discovered evidence, which he could not, with reasonable diligence, have discovered and produced at the trial, and which if presented would probably alter the result.
Within the same period, the aggrieved party may also move for reconsideration upon the grounds that the damages awarded are excessive, that the evidence is insufficient to justify the decision or final order, or that the decision or final order is contrary to law.
Section 2. Contents of motion for new trial or reconsideration and notice thereof
i. how done: in writing stating the ground; written notice of which shall be served by the movant on the adverse party.
ii. how proved: proved in the manner provided for proof of motions
a. of the preceding section shall be supported by affidavits of merits which may be rebutted by affidavits.
b. shall be supported by affidavits of the witnesses by whom such evidence is expected to be given
c. by duly authenticated documents which are proposed to be introduced in evidence.
Purpose of MR:
a. point out specifically the findings or conclusions of the judgment or final order which are not supported by the evidence
b. contrary to law,
c. making express reference to the testimonial or documentary evidence
d. to the provisions of law alleged to be contrary to such findings or conclusions.
Effect of Pro Forma MR/MNT:
A pro forma motion for new trial or reconsideration shall not toll the reglementary period of appeal.
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Section 2. Contents of motion for new trial or reconsideration and notice thereof -
The motion shall be made in writing stating the ground or grounds therefor, a written notice of which shall be served by the movant on the adverse party.
A motion for new trial shall be proved in the manner provided for proof of motions. A motion for the cause mentioned in paragraph (a) of the preceding section shall be supported by affidavits of merits which may be rebutted by affidavits. A motion for the cause mentioned in paragraph (b) shall be supported by affidavits of the witnesses by whom such evidence is expected to be given, or by duly authenticated documents which are proposed to be introduced in evidence.
A motion for reconsideration shall point out specifically the findings or conclusions of the judgment or final order which are not supported by the evidence or which are contrary to law, making express reference to the testimonial or documentary evidence or to the provisions of law alleged to be contrary to such findings or conclusions.
A pro forma motion for new trial or reconsideration shall not toll the reglementary period of appeal.
Section 3. Action upon motion for new trial or reconsideration.
a. set aside the judgment or
b. final order and
c. grant a new trial
d. or may deny the motion
B. excessive damages have been awarded – judgment or final order is contrary to the evidence or law
C. amend such judgment or final order accordingly.
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Section 3. Action upon motion for new trial or reconsideration. -
The trial court may set aside the judgment or final order and grant a new trial, upon such terms as may be just, or may deny the motion. If the court finds that excessive damages have been awarded or that the judgment or final order is contrary to the evidence or law, it may amend such judgment or final order accordingly.
Section 4. Resolution of motion.
When to resolve MNT/MR: within thirty (30) days from the time it is submitted for resolution.
Section 4. Resolution of motion. -
A motion for new trial or reconsideration shall be resolved within thirty (30) days from the time it is submitted for resolution.
Section 5. Second motion for new trial.
*MNT shall include: all grounds then available and those not so included shall be deemed waived.
*2nd MNT: based on a ground not existing nor available when the first motion was made, may be filed within the time herein provided.
*NO second motion for reconsideration of a judgment or final order.
Section 5. Second motion for new trial. -
A motion for new trial shall include all grounds then available and those not so included shall be deemed waived. A second motion for new trial, based on a ground not existing nor available when the first motion was made, may be filed within the time herein provided excluding the time during which the first motion had been pending.
No party shall be allowed a second motion for reconsideration of a judgment or final order.
Section 6. Effect of granting of motion for new trial.
*what: If a new trial is granted in accordance with the provisions of this Rule
effect: the original judgment or final order shall be vacated
effect 2: the action shall stand for trial de novo
criteria: material and competent to establish the issues
Section 6. Effect of granting of motion for new trial. -
If a new trial is granted in accordance with the provisions of this Rule, the original judgment or final order shall be vacated, and the action shall stand for trial de novo; but the recorded evidence taken upon the former trial, in so far as the same is material and competent to establish the issues, shall be used at the new trial without retaking the same.
Section 7. Partial new trial or reconsideration.
*appear to the court to affect the issues as to only a part,
b. or less than all of the matter in controversy,
c. or only one,
d. or less than all, of the parties to it,
–the court may order a new trial or grant reconsideration as to such issues if severable without interfering with the judgment or final order upon the rest.
Section 7. Partial new trial or reconsideration. -
If the grounds for a motion under this Rule appear to the court to affect the issues as to only a part, or less than all of the matter in controversy, or only one, or less than all, of the parties to it, the court may order a new trial or grant reconsideration as to such issues if severable without interfering with the judgment or final order upon the rest.
Section 8. Effect of order for partial new trial. -
*less than all of the issues are ordered retried. Court may:
a. enter a judgment or final order as to the rest
b. stay the enforcement of such judgment or final order until after the new trial.
Section 8. Effect of order for partial new trial. -
When less than all of the issues are ordered retried, the court may either enter a judgment or final order as to the rest, or stay the enforcement of such judgment or final order until after the new trial.
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 appealable
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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 appealable, the remedy being an appeal from the judgment or final order.
