Period to Resolve Motion for New Trial

Within what period shall the Court of Appeals resolve the motion for new for new trial? Answer: It shall resolve a motion for new trial within 90 days from the date when the court declares it submitted for resolution. (Section 3, Rule 53, Rules of Court)

Newly Discovered Evidence in New Trial

Does it mean that when a motion for new trial on the ground of newly discovered evidence is filed, the Court of Appeals will conduct a trial like what is being done in the trial courts? Answer: Yes. In fact, the Rules of Court provide that the procedure in the new trial shall be the… Continue reading Newly Discovered Evidence in New Trial

Court of Appeals’ Action When New Trial is Filed

What actions may the Court of Appeals do when a motion for new trial is filed? The Court of Appeals shall consider the new evidence together with that adduced at the trial below, and may grant or refuse a new trial, or may make such order, with notice to both parties, as to the taking… Continue reading Court of Appeals’ Action When New Trial is Filed