Okla. Stat. tit. 12, § 12-651
This is the official text of Okla. Stat. tit. 12, § 12-651, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
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New trial - Definition - Causes for
Official statutory text
A new trial is a reexamination in the same court, of an issue of
fact or of law or both, after a verdict by a jury, the approval of
the report of a referee, or a decision by the court. The former
verdict, report, or decision shall be vacated, and a new trial
granted, on the application of the party aggrieved, for any of the
following causes, affecting materially the substantial rights of the
party:
Oklahoma Statutes - Title 12. Civil Procedure Page 103
1. Irregularity in the proceedings of the court, jury, referee,
or prevailing party, or any order of the court or referee, or abuse
of discretion, by which the party was prevented from having a fair
trial;
2. Misconduct of the jury or a prevailing party;
3. Accident or surprise, which ordinary prudence could not have
guarded against;
4. Excessive or inadequate damages, appearing to have been
given under the influence of passion or prejudice;
5. Error in the assessment of the amount of recovery, whether
too large or too small, where the action is upon a contract, or for
the injury or detention of property;
6. That the verdict, report, or decision is not sustained by
sufficient evidence, or is contrary to law;
7. Newly discovered evidence, material for the party applying,
which could not, with reasonable diligence, have been discovered and
produced at the trial;
8. Error of law occurring at the trial, and objected to by the
party making the application; or
9. When, without fault of the complaining party, it becomes
impossible to prepare a record for an appeal.
R.L. 1910, § 5033. Amended by Laws 1953, p. 53, § 1; Laws 1963, c.
239, § 1, emerg. eff. June 13, 1963; Laws 1999, c. 293, § 3, eff.
Nov. 1, 1999.
fact or of law or both, after a verdict by a jury, the approval of
the report of a referee, or a decision by the court. The former
verdict, report, or decision shall be vacated, and a new trial
granted, on the application of the party aggrieved, for any of the
following causes, affecting materially the substantial rights of the
party:
Oklahoma Statutes - Title 12. Civil Procedure Page 103
1. Irregularity in the proceedings of the court, jury, referee,
or prevailing party, or any order of the court or referee, or abuse
of discretion, by which the party was prevented from having a fair
trial;
2. Misconduct of the jury or a prevailing party;
3. Accident or surprise, which ordinary prudence could not have
guarded against;
4. Excessive or inadequate damages, appearing to have been
given under the influence of passion or prejudice;
5. Error in the assessment of the amount of recovery, whether
too large or too small, where the action is upon a contract, or for
the injury or detention of property;
6. That the verdict, report, or decision is not sustained by
sufficient evidence, or is contrary to law;
7. Newly discovered evidence, material for the party applying,
which could not, with reasonable diligence, have been discovered and
produced at the trial;
8. Error of law occurring at the trial, and objected to by the
party making the application; or
9. When, without fault of the complaining party, it becomes
impossible to prepare a record for an appeal.
R.L. 1910, § 5033. Amended by Laws 1953, p. 53, § 1; Laws 1963, c.
239, § 1, emerg. eff. June 13, 1963; Laws 1999, c. 293, § 3, eff.
Nov. 1, 1999.
Status: in_force · Read it on the official government site
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