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RULE 37 - MNT, MR

Motion for New Trial


may be filed within the priod of taking an appeal

When:
Grounds

How filed:
Contents

Motion for Reconsideration

1) FAME
Fraud
Accident
Misktake
Excusable Negligence
FRAUD
-extrinsic or collareral
-refers to such acts that
prevents a party from
having a trial/presnting
his case
-refers to all kinds of
deception:
insidious machination,
manipulation
concelment
mirepresentation
that leads another party
to error
-does not include
INTRINSIC fraud- acts of
a pary at trial that
prevents fair detrmination
(perjury, falsification)

which ordinary prudence


could not have guarded against and
by reason of which
aggrieved party was probably impaired of his rights
ACCIDENT
-fortuitious event,
circumstances or
-event happening
without any human agency
- is an event which under
the circumstances is
unusual or unexpected
by the person to whom
it happens
EX. Sickness,
lack of notice -sent to
another address

2) Newly Discovered Evidence


-which the aggrieved party could not
with reasonable diligence ,
have discovered or produced
at the trial
which would probably alter the result

1) Award of Excessive Damages


2) Insufficiency of evidence to justify the decision
or final order
3) Decision/ Final order is contrary to law

REQS:
1) Evidence is discovered after trial
2) such could not have been discovered and
produced at the trial with reasonable diligence
3) Evidence is material
-NOT cummulative
corroborative, or
impeaching,
and is of such weight that, if admitted,
could probably change the judgment

MISTAKE
Excusable Negligence
-unitentional
-excusable
act, omission,or error
omission to do something
arising from ignorance,
which a reasonable man would do
surprise, imposition, or
guided by those considerations
misplaced confidence
which ordinairaly regulate the conduct of human affiants,
-mistake of fact
- or the reasonable doing of something
not of law
which a prudent or reasonable man would not do
Ex. Failure to answer
- failure of party or counsel
he believed it was
EX. Non submission on time because of distance
unnecssary bec. Of a
travelled
compromise agreement
in writing
stating the ground/s,
written notice shall be served by movant on the adverse party
IF MNT - FAME

if MNT - NDE
supported by
-affidavits of witnesses by whom such evidence
is expected to be given or
-duly authenticated docs whicr are proposed to be
introduced

-supported by affidavits of merit


which may be rebutted by affidavits

if MR
- should point out specifically
the findings/ Conclusions not supported by evidence or contrary to law
- making express reference to tesitimonial/documentary evidence or
provisions alleged to contrary to such findings or conclusions

IF NOT :
motion is consdiered
PRO FORMA MOTION
- it does not toll the regelementary period of appeal
- motion w/o notice of hearing and proof of service ---> has the same effect
IF MNT is filed, what ensues?
Court may either :

If MR is filed, what ensues?


Court may

deny
if denied, another motion be filed,
if it is based on a ground
NOT EXISTING NOR AVAILABLE
when the first motion was filed
-OMR - it should include all grounds the availabe,
as those not included are deemed waived

grant a new trial (set aside the J/FO)


Effects:
a) original order / judgment is vacated
b) action shall stand trial de novo
c) recorded evidence,
insofar as material or competent
to establish the issues,
shall be used at the new trial
without need to retake them.

NOT APPEALABLE
Periods resolving the motion
1) MTC/ RTC - 30 days from time it submitted for resolution
2) CA - 60 days after it declare it submiitted for resolution
3) SC - no period is prescribed

deny
-no 2nd MR is allowed of
J/ FO
- if subject is not J/FO
which does not dispose of the case completely
but leave something more to be done upon its merits,
2nd MR may be allowed
-2nd MR is a prohibited pleading
does not toll running of regelemetary pd
to file appeal

Amend its J/FO

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