RULE 37

New Trial or Reconsiderations

Section 1. Grounds of and period for filing motion for new trial or reconsideration. — Within the
period for taking an appeal, the aggrieved party may move the trial court to set aside the judgment or
final order and grant a new trial for one or more of the following causes materially affecting the
substantial rights of said party:

(a) Fraud, accident, mistake or excusable negligence which ordinary prudence could not
have guarded against and by reason of which such aggrieved party has probably been
impaired in his rights; or

(b) Newly discovered evidence, which he could not, with reasonable diligence, have
discovered and produced at the trial, and which if presented would probably alter the result.

Within the same period, the aggrieved party may also move for reconsideration upon the grounds
that the damages awarded are excessive, that the evidence is insufficient to justify the decision or
final order, or that the decision or final order is contrary to law. (1a)

Section 2. Contents of motion for new trial or reconsideration and notice thereof. — The motion
shall be made in writing stating the ground or grounds therefor, a written notice of which shall be
served by the movant on the adverse party.

A motion for new trial shall be proved in the manner provided for proof of motion. A motion for the
cause mentioned in paragraph (a) of the preceding section shall be supported by affidavits of merits
which may be rebutted by affidavits. A motion for the cause mentioned in paragraph (b) shall be
supported by affidavits of the witnesses by whom such evidence is expected to be given, or by duly
authenticated documents which are proposed to be introduced in evidence.

A motion for reconsideration shall point out a specifically the findings or conclusions of the judgment
or final order which are not supported by the evidence or which are contrary to law making express
reference to the testimonial or documentary evidence or to the provisions of law alleged to be
contrary to such findings or conclusions.

A  pro forma motion for new trial or reconsideration shall not toll the reglementary period of appeal.
(2a)

Section 3. Action upon motion for new trial or reconsideration. — The trial court may set aside the
judgment or final order and grant a new trial, upon such terms as may be just, or may deny the
motion. If the court finds that excessive damages have been awarded or that the judgment or final
order is contrary to the evidence or law, it may amend such judgment or final order accordingly. (3a)

Section 4. Resolution of motion. — A motion for new trial or reconsideration shall be resolved within
thirty (30) days from the time it is submitted for resolution. (n)

Section 5. Second motion for new trial. — A motion for new trial shall include all grounds then
available and those not so included shall be deemed waived. A second motion for new trial, based
on a ground not existing nor available when the first motion was made, may be filed within the time
herein provided excluding the time during which the first motion had been pending.

No party shall be allowed a second motion for reconsideration of a judgment or final order (4a, 4,
IRG)

Section 6. Effect of granting of motion for new trial. — If a new trial is granted in accordance with the
provisions of this Rules the original judgment or final order shall be vacated, and the action shall
stand for trial de novo; but the recorded evidence taken upon the former trial, insofar as the same is
material and competent to establish the issues, shall be used at the new trial without retaking the
same. (5a)

Section 7. Partial new trial or reconsideration. — If the grounds for a motion under this Rule appear to
the court to affect the issues as to only a part, or less than an of the matter in controversy, or only
one, or less than all, of the parties to it, the court may order a new trial or grant reconsideration as to
such issues if severable without interfering with the judgment or final order upon the rest. (6a)

Section 8. Effect of order for partial new trial. — When less than all of the issues are ordered retried,
the court may either enter a judgment or final order as to the rest, or stay the enforcement of such
judgment or final order until after the new trial. (7a)

Section 9. Remedy against order denying a motion for new trial or reconsideration. — An order
denying a motion for new trial or reconsideration is not appealed, the remedy being an appeal from
the judgment or final order. (n)