TITLE LIII
PROCEEDINGS IN COURT
Chapter 526
NEW TRIALS
Section 526:1
526:1 When Granted. –
A new trial may be granted in any case when through accident, mistake or misfortune justice has not been done and a further hearing would be equitable.
Source. RS 192:2. CS 205:2. GS 215:5. 1878, 64:1. GL 234:1. PS 230:1. PL 342:1. RL 398:1.
Section 526:2
526:2 Petition. –
In such case a petition may be presented to the superior court in the county where the judgment was rendered, by any person interested, setting forth the reasons for such new trial, and such notice shall be given to the adverse party or his attorney as the court may order.
Source. RS 192:3. CS 205:3. GS 215:6. GL 234:2. PS 230:2. PL 342:2. RL 398:2.
Section 526:3
526:3 Costs; Grant on Terms. –
Costs may be allowed to either party upon such petition, and the new trial may be granted upon such terms as the court may deem just.
Source. RS 192:4. CS 205:4. GS 215:7. GL 234:3. PS 230:3. PL 342:3. RL 398:3.
Section 526:4
526:4 Time. –
A new trial shall not be granted unless the petition is filed within three years after the rendition of the judgment complained of, or the failure of the suit.
Source. RS 192:6. CS 205:6. GS 215:8. GL 234:4. PS 230:4. PL 342:4. RL 398:4.
Section 526:5
526:5 Effect of Order. –
Whenever a new trial is granted the action shall be brought forward on the docket of the court, and shall be tried as if no judgment had been rendered therein.
Source. RS 192:7. CS 205:7. GS 215:9. GL 234:5. PS 230:5. PL 342:5. RL 398:5.
Section 526:6
526:6 Stay of Execution. –
Execution on the original judgment shall not be stayed by reason of a new trial; but the court, on motion, may order a stay of execution upon such terms as it thinks fit.
Source. RS 192:13. CS 205:13. GS 215:14. GL 234:7. PS 230:6. PL 342:6. RL 398:6.