Supreme Court Rules - Rule 78 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - New Trials - After-Trial Motions - Preservation of Error: Granting a New Trial

Clerk Handbooks

Supreme Court Rules

		Section/Rule:	78.01
Subject:	Rule 78 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - New Trials - After-Trial Motions - Preservation of Error	Publication / Adopted Date:	April 10, 1984
Topic:	Granting a New Trial	Revised / Effective Date:	January 1, 1975

78.01. Granting a New Trial

The court may grant a new trial of any issue upon good cause shown. A new trial may be granted to all or any of the parties and on all or part of the issues after trial by jury, court or master. On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact or make new findings, and direct the entry of a new judgment.

(Adopted April 10, 1974, eff. Jan. 1, 1975.)

Committee Note - 1974

The source is prior Rule 78.01. In revising prior Rule 78.01, there is no intention to eliminate any of the reasons for which new trials heretofore have been granted or to change the law concerning the grounds for granting a new trial. The revision has been made solely to make the Rule more concise.

Compare:

Rule 59(a) of the Federal Rules of Civil Procedure.