California Code of Civil Procedure § 657

Definition

California Code of Civil Procedure § 657 outlines the procedures for a party to request a new trial in civil cases within the state of California. This statute establishes specific grounds under which a party may seek to challenge a judgment, including issues related to jury misconduct, newly discovered evidence, and irregularities in the trial process.

5 Must Know Facts For Your Next Test

1. A motion for a new trial under § 657 must be filed within six months after the judgment is entered.
2. Grounds for seeking a new trial include jury misconduct, insufficient evidence to support the verdict, and newly discovered evidence that could not have been obtained before the original trial.
3. The court has discretion in granting or denying the new trial motion based on whether the interests of justice require it.
4. If the motion for a new trial is granted, the original judgment is set aside, and a new trial is conducted on the issues specified by the court.
5. Parties must provide substantial proof and detailed arguments to justify their request for a new trial under this statute.

Review Questions

• What are some common grounds for filing a motion for a new trial under California Code of Civil Procedure § 657?
  • Common grounds for filing a motion for a new trial include jury misconduct, where jurors behave improperly during deliberations, and insufficient evidence that fails to support the verdict reached. Additionally, if there is newly discovered evidence that was not available during the original trial, this can also be a basis for requesting a new trial. These grounds aim to ensure fairness and integrity in judicial outcomes.
• Discuss the process and timeline for filing a motion for a new trial according to California Code of Civil Procedure § 657.
  • Under California Code of Civil Procedure § 657, a party must file their motion for a new trial within six months following the entry of judgment. The motion should clearly outline the reasons why the party believes a new trial is warranted. After filing, the court will review the motion and may hold hearings where both parties can present their arguments before making a decision on whether to grant or deny the request.
• Evaluate the impact of California Code of Civil Procedure § 657 on judicial efficiency and fairness in civil cases.
  • California Code of Civil Procedure § 657 plays a significant role in promoting both judicial efficiency and fairness by providing a structured mechanism for addressing potential errors or injustices that occur during trials. By allowing parties to seek new trials based on specific grounds, the law ensures that judgments can be revisited when substantive issues arise, thereby safeguarding against wrongful decisions. However, this process also poses challenges in terms of delaying finality in litigation, which can create additional burdens on courts and prolong disputes. Balancing these aspects is crucial for maintaining an effective legal system.

Related terms

New Trial Motion: A formal request made by a party to a lawsuit asking the court to nullify a jury's verdict or a judge's decision and conduct a new trial.

Appeal: The legal process through which a party seeks review of a lower court's decision by a higher court, often after all trial options have been exhausted.

Judgment: A formal decision made by a court regarding the rights and obligations of the parties involved in a legal dispute.