MOTION FOR NEW TRIAL AND MOTION FOR RECONSIDERATION

GRANTED MNT:
  Grounds: MR: Original J/FO shall be vacated and the action 
Motion for  1. Damages awarded are excessive;
2. That the evidence is insufficient to justify the 
A motion for reconsideration must: shall stand for trial de novo;
Effect of Order of Partial New Trial:
1. Point out the findings or, conclusions not supported  Note: but the recorded evidence taken upon the 
Reconsideration decision or final order; by the evidence or contrary to law, formal trial in so far as the same is material and  Court may either:
1. Enter a J/FO as to the rest
3. That the decision or final order is contrary to law. 2. Making express reference to the testimonial or  competent shall be used a the new trial without  2. Stay the enforcement of such J/FO until 
documentary evidence or to the provisions of law  retaking the same. after a new trial (Sec 8, Rule 37)
alleged to be contrary to such findings or conclusions
GRANTED MR:
May amend J/FO accordingly

WHEN TO FILE: 
Must be filed within the period of taking an 
appeal: CONTENTS OF THE MOTION:
NOA: Within 15 days WHERE TO FILE:  1. It must be in writing; Resolution 
RULE 37 ROA: Within 30 days With the trial court which rendered the   2. A written notice must be served on the 
of Motion
from notice of the judgment or final order. judgment. adverse party;and
3. It must state the ground/s therefor.
No motion for extension of time to file a motion 
An order denying MR:
shall be allowed. Single Motion Rule

A party shall not be allowed to file a 

Effect: second MR of judgment or a final order
GR: A motion for new trial or reconsideration 
suspends or tolls the running of the reglementary 
period for appeal. FAME:
1. Must include an affidavit of merit MNT /MR shall be resolved within 30  DENIED MR / MNT:
days from the time it is submitted for  Remedy against order denying MNT / 
Grounds: XPN: A pro-​forma motion for NT or R shall not toll  Appeal the J/FO. The movant is given a MR:
Motion for New  1. Fraud, Accident, Mistake, or Excusable  the reglementary period of appeal. (ROC, Rule 37, 
NDE:
1. Affidavits of witnesses by whom such evidence is 
resolution
fresh period of 15 days from receipt of Appeal from the judgment or final order 
and assign as one of the errors the denial
Sec. 2, par. 4). notice of the order denying or dismissing
Trial negligence (FAME)
2. Newly discovered evidence (NDE)
expected to be given or;
2. By duly authenticated documents which are 
the MNT/MR within which to file a notice of
PRO-​FORMA: proposed· to be introduced in evidence appeal.
one which is filed merely for delay and as a matter 
of form to interrupt the period of appeal
An affidavit of merit is a sworn written statement which 
FAME - which ordinary prudence could not have  states:
MR/MNT: if it does not comply with the requisites 
guarded against  and by reason of which such  a the nature or character of FAME,
under Sec 2, Rule 47
aggrieved party has probably been impaired in his  b. The facts constituting the movant's good and  2nd motion for new trial based on 
rights substantial defense or valid cause of action; and An order denying MNT:
grounds not existing or available when 
c. The evidence which he intends to present if his motion  Second MNT is allowed
the 1st motion was filed
NDE - which he could not, with reasonable  is granted, which evidence should be such as to warrant 
diligence, have discovered and produced at the trial,  reasonable belief that the result of the case would 
and which if presented would probably alter the  probably be otherwise
result.

Requisites of NDE:
1 It must have been discovered after the trial;
2. It could Not have been discovered and produced 
at the trial even with the exercise
of reasonable diligence;
3. It must be Material and not merely collateral, 
cumulative, corroborative or impeaching; and
4. The evidence is of such Weight that if admitted, 
would probably alter the result of the judgment

bia notes