Judical Code

Judicial Code

Rule 32: New Trials; Amendments of Judgment

(a) Any party may petition for a new trial on any or all of the issues presented by filing and serving a motion not later than ten (10) days after the entry of judgment, for any of the following causes:

(1) Error or irregularity which prevented any party from receiving a fair trial; or

(2) Misconduct of the jury or jury member(s); or

(3) Accident or surprise, or newly discovered evidence against which ordinary prudence could not have been found and produced at trial; or

(4) Damages so excessive or inadequate that they appear to have been given under influence of passion or prejudice; or

(5) Error in law.

(b) A new trial shall not be granted on the basis of error or irregularity which was harmless in that it did not affect substantial justice.

(c) Parties may include memoranda or affidavits in support of their motions to which reply memoranda and affidavits shall be allowed if desired.

(d) The Court may, on its own initiative, not later than ten (10) days after entry of judgment, order a new trial on any grounds which may be asserted by a party to the action, and shall specify the reasons for so ordering.

(e) A motion to alter or amend a judgment shall be filed and served not later than ten (10) days after entry of the judgment.

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