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Idaho Rules of Civil Procedure Rule 59(a). New Trial - Amendment of Judgment - Grounds.

A new trial may be granted to all or any of the parties and on all or part of the issues in an action for any of the following reasons: 

   

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

   

2.  Misconduct of the jury. 

   

3.  Accident or surprise, which ordinary prudence could not have guarded against. 

   

4.  Newly discovered evidence, material for the party making the application, which the party could not, with reasonable diligence, have discovered and produced at the trial. 

   

5.  Excessive damages or inadequate damages, appearing to have been given under the influence of passion or prejudice. 

   

6.  Insufficiency of the evidence to justify the verdict or other decision, or that it is against the law. 

   

7.  Error in law, occurring at the trial. Any motion for a new trial based upon any of the grounds set forth in subdivisions 1, 2, 3 or 4 must be accompanied by an affidavit stating in detail the facts relied upon in support of such motion for a new trial. Any motion based on subdivisions 6 or 7 must set forth the factual grounds therefor with particularity. On a motion for new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment. 

   

(Amended March 20, 1985, effective July 1, 1985.)

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.

 

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Idaho Supreme Court



Members of the
Idaho Court of Appeals

 

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