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California Code of Civil Procedure Section 657

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 657

657.  The verdict may be vacated and any other decision may be
modified or vacated, in whole or in part, and a new or further trial
granted on all or part of the issues, on the application of the party
aggrieved, for any of the following causes, materially affecting the
substantial rights of such party:
   1. Irregularity in the proceedings of the court, jury or adverse
party, or any order of the court or abuse of discretion by which
either party was prevented from having a fair trial.
   2. Misconduct of the jury; and whenever any one or more of the
jurors have been induced to assent to any general or special verdict,
or to a finding on any question submitted to them by the court, by a
resort to the determination of chance, such misconduct may be proved
by the affidavit of any one of the jurors.
   3. Accident or surprise, which ordinary prudence could not have
guarded against.
   4. Newly discovered evidence, material for the party making the
application, which he could not, with reasonable diligence, have
discovered and produced at the trial.
   5. Excessive or inadequate damages.
   6. Insufficiency of the evidence to justify the verdict or other
decision, or the verdict or other decision is against law.
   7. Error in law, occurring at the trial and excepted to by the
party making the application.
   When a new trial is granted, on all or part of the issues, the
court shall specify the ground or grounds upon which it is granted
and the court's reason or reasons for granting the new trial upon
each ground stated.
   A new trial shall not be granted upon the ground of insufficiency
of the evidence to justify the verdict or other decision, nor upon
the ground of excessive or inadequate damages, unless after weighing
the evidence the court is convinced from the entire record, including
reasonable inferences therefrom, that the court or jury clearly
should have reached a different verdict or decision.
   The order passing upon and determining the motion must be made and
entered as provided in Section 660 and if the motion is granted must
state the ground or grounds relied upon by the court, and may
contain the specification of reasons. If an order granting such
motion does not contain such specification of reasons, the court
must, within 10 days after filing such order, prepare, sign and file
such specification of reasons in writing with the clerk. The court
shall not direct the attorney for a party to prepare either or both
said order and said specification of reasons.
   On appeal from an order granting a new trial the order shall be
affirmed if it should have been granted upon any ground stated in the
motion, whether or not specified in the order or specification of
reasons, except that (a) the order shall not be affirmed upon the
ground of the insufficiency of the evidence to justify the verdict or
other decision, or upon the ground of excessive or inadequate
damages, unless such ground is stated in the order granting the
motion and (b) on appeal from an order granting a new trial upon the
ground of the insufficiency of the evidence to justify the verdict or
other decision, or upon the ground of excessive or inadequate
damages, it shall be conclusively presumed that said order as to such
ground was made only for the reasons specified in said order or said
specification of reasons, and such order shall be reversed as to
such ground only if there is no substantial basis in the record for
any of such reasons.

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Last modified: March 17, 2014