Guam § 21501 - When a New Trial May Be Granted.

§ 21501. When a New Trial May Be Granted.

COL4122017

CH. 21 TRIAL & JUDGMENTS

(a) The finding may be vacated and any other decision may be

modified or vacated; in whole or in part; and a new or further trial granted on

all or part of the issues, on the application of the party aggrieved, for any of

the following causes, materially affecting the substantial rights of such

parties:

(1) Irregularity in the proceedings of the court, or any order of the

court or abuse of discretion by which either party was prevented from

having a fair trial;

(2) Accident or surprise, which ordinary prudence could not have

guarded against;

(3) Newly discovered evidence, material for the party making

the application, which he could not, with reasonable diligence have

discovered and produced at the trial;

(4) Excessive damages appearing to have been given under the

influence of passion or prejudice;

(5) Insufficiency of the evidence to justify the finding or other

decision, and that it is against law;

(6) Error in law, occurring at the trial, and excepted to by the

party making the exception.

(b) When a new trial is granted on all or part of the issues upon the

ground of the insufficiency of the evidence to sustain the finding, the order

shall so specify; otherwise, on appeal from such order it will be presumed

that the order was not based upon that ground.