SECTION 2. NEW TRIAL Art. 1971. Granting of new trial A new trial may be granted, upon contradictory motion of any party or by the court on its own motion, to all or any of the parties and on all or part of the issues, or for reargument only. If a new trial is granted […]
Art. 1972. Peremptory grounds A new trial shall be granted, upon contradictory motion of any party, in the following cases: (1) When the verdict or judgment appears clearly contrary to the law and the evidence. (2) When the party has discovered, since the trial, evidence important to the cause, which he could not, with due […]
Art. 1973. Discretionary grounds A new trial may be granted in any case if there is good ground therefor, except as otherwise provided by law.
Art. 1974. Delay for applying for new trial A party may file a motion for a new trial not later than seven days, exclusive of legal holidays, after the clerk has mailed or the sheriff has served the notice of judgment as required by Article 1913. Amended by Acts 1961, No. 23, §1; Acts 1974, […]
Art. 1975. Application for new trial; verifying affidavit A motion for a new trial shall set forth the grounds upon which it is based. When the motion is based on Article 1972(2) and (3), the allegations of fact therein shall be verified by the affidavit of the applicant.
Art. 1976. Service of notice Notice of the motion for new trial and of the time and place assigned for hearing thereon must be served upon the opposing party as provided by Article 1314.
Art. 1977. Assignment of new trial When a new trial is granted, it shall be assigned for hearing in accordance with the rules and practice of the court.
Art. 1978. Procedure in new trial It shall not be necessary in a non-jury trial to resummon the witnesses or to hear them anew at a new trial if their testimony has once been reduced to writing, but all such testimony and evidence received on the former trial shall be considered as already in evidence. […]
Art. 1979. Summary decision on motion; maximum delays The court shall decide on a motion for a new trial within ten days from the time it is submitted for decision. The time may be extended for a specified period upon the written consent or stipulation of record by the attorneys representing all parties. When the […]
