When a New Trial May Be Granted

COL4122017 CH. 21 TRIAL & JUDGMENTS

(a)The finding may be vacated and any other decision may be modified or vacated; in whole or in part; and a new or further trial granted on all or part of the issues, on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rights of such parties:

(1)Irregularity in the proceedings of the court, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial;

(2)Accident or surprise, which ordinary prudence could not have guarded against;

(3)Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence have discovered and produced at the trial;

(4)Excessive damages appearing to have been given under the influence of passion or prejudice;

(5)Insufficiency of the evidence to justify the finding or other decision, and that it is against law;

(6)Error in law, occurring at the trial, and excepted to by the party making the exception.

(b)When a new trial is granted on all or part of the issues upon the ground of the insufficiency of the evidence to sustain the finding, the order shall so specify; otherwise, on appeal from such order it will be presumed that the order was not based upon that ground.