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New Trial
| Question | Answer |
|---|---|
| 121. After trial, the losing party may file a Motion for New Trial within twenty-eight (28) days after entry of Judgment. The trial judge may grant a new trial on any of the following grounds: | —trial error —newly discovered evidence —misconduct —result contrary to the great weight of the evidence |
| 122. 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. | no evidence |
| 123. Courts may grant a new trial, conditioned on ___. ___ 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 ___. | remittitur or additur Remittitur Additur additur as a violation of the right to jury trial |
| 124. A new trial may be granted for newly discovered evidence if the following conditions are met: | — the new evidence was discovered after the first trial — the new evidence was not discoverable by reasonable diligence prior to the first trial —the new evidence is not merely cumulative —the new evidence will probably produce a new result |
| 125. An exception to the "reasonable diligence" requirement in the prior question is that even if the new evidence was discoverable by reasonable diligence, a new trial will be granted if to do otherwise would be a ___. | grave miscarriage of justice |
Created by:
longhorn90
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