25-11-101. New trial defined. A new trial is a reexamination of an issue of fact in the same court after a trial and decision by a jury or court or by referees. History: En. Sec. 168, p. 76, Bannack Stat.; en. Sec. 192, p. 171, L. 1867; re-en. Sec. 232, p. 74, Cod. Stat. 1871; re-en. Sec. […]
25-11-102. Grounds for new trial. The former verdict or other decision may be vacated and a new trial granted on the application of the party aggrieved for any of the following causes materially affecting the substantial rights of the party: (1) irregularity in the proceedings of the court, jury, or adverse party or any order of the […]
25-11-103. Grounds after trial by the court. No new trial may be granted in cases tried by the court without a jury, except on the grounds mentioned in subsections (1), (3), and (4) of 25-11-102. History: En. Sec. 5, Ch. 225, L. 1921; re-en. Sec. 9396, R.C.M. 1921; re-en. Sec. 9396, R.C.M. 1935; R.C.M. 1947, 93-5602; amd. […]
25-11-104. How motion for new trial made. (1) Motions for new trials shall be made as follows: (a) For causes mentioned in 25-11-102(1), the motion shall be made on affidavits or on the minutes of the court. (b) For causes mentioned in subsection (2), (3), or (4) of 25-11-102, the motion shall be made only on affidavits. (c) For […]
