7/25/2019 civ pro MNT MR
1/2
RULE 37 - MNT, MR
When:
Grounds 1) FAME 2) Newly Discovered Evidence 1) Award of
Excessive Damages
Fraud which ordinary prudence -which the aggrieved party could
not 2) Insufficiency of evidence to justify the decision
Accident could not have guarded against and with reasonable
diligence , or final order
Misktake by reason of which have discovered or produced 3)
Decision/ Final order is contrary to law
Excus able Negli gence aggrieved party was prob ably impaired of
his rights at the trialwhich would probably alter the result
-extr insic or c ol la rera l - fortuitious ev ent,
-refers to such acts that circumstances or REQS:
prevents a party from -event happening 1) Evidence is discovered
after trial
having a trial/presnting without any human agency 2) such could
not have been discovered and
his case - is an event which under produced at the trial with
reasonable diligence
-refers to all kinds of the circumstances is 3) Evidence is
material
deception: unusual or unexpected -NOT cummulative
insidious machination, by the person to whom corroborative,
or
manipulation it happens impeaching,
co nce lm en t E X. Si ckn es s, an d i s o f s uch w ei gh t t
hat , i f ad mi tt ed ,
mirepresentation lack of notice -sent to could probably change
the judgment
that leads another party another address
to error
-does not include
INTRINSIC fraud- acts ofa pary at trial that
prevents fair detrmination
(perjury, falsification)
-unitentional -excusable
a ct , omiss ion,or er ror omiss ion to do something
arising from ignorance, which a reasonable man would do
surprise, imposition, or guided by those considerations
misplaced confidence which ordinairaly regulate the conduct of
human affiants,
- mi st ak e o f f act - o r t he re as on ab le d oi ng o f s
ome th in g
not of law which a prudent or reasonable man would not do
Ex. Fa ilur e to a nswer - fa ilur e of par ty or counsel
he believed it was EX. Non submission on time because of
distance
unnecssary bec. Of a travelled
compromise agreementHo w fi le d: i n w ri ti ng
C ontents sta ting the ground/s,
written notice shall be served by movant on the adverse
party
-supported by affidavits of merit supported by - should point
out specifically
which may be rebutted by affidavits -affidavits of witnesses by
whom such evidence the findings/ Conclusions not supported by
evidence or contrary to law
is expected to be given or - making express reference to
tesitimonial/documentary evidence or
-duly authenticated docs whicr are proposed to be provisions
alleged to contrary to such findings or conclusions
introduced
IF NOT :
motion is consdiered PRO FORMA MOTION - it does not toll the
regelementary period of appeal
- motion w/o notice of hearing and proof of service ---> has
the same effect
Court may either : Court may
FRAUD ACCIDENT
MISTAKE Excusable Negligence
IF MNT is filed, what ensues? If MR is filed, what ensues?
IF MNT - FAME if MNT - NDE
Motion for New Trial Motion for Reconsiderationmay be filed
within the priod of taking an appeal
if MR
7/25/2019 civ pro MNT MR
2/2
Amend its J/FO
if denied, another motion be filed, Effects: -no 2nd MR is
allowed of
if it is based on a ground a) original order / judgment is
vacated J/ FO
NOT EXISTING NOR AVAILABLE b) action shall stand trial de novo -
if subject is not J/FO
when the first motion was filed c) recorded evidence, which does
not dispose of the case completely
-OMR - it should include all grounds the availabe, insofar as
material or competent but leave something more to be done upon its
merits,
as those not included are deemed waived to establish the issues,
2nd MR may be allowed
shall be used at the new trial -2nd MR is a prohibited
pleading
without need to retake them. does not toll running of
regelemetary pd
to file appeal
Periods resolving the motion
1) MTC/ RTC - 30 days from time it submitted for resolution
2) CA - 60 days after it declare it submiitted for
resolution
3) SC - no period is prescribed
NOT APPEALABLE
deny grant a new trial (set aside the J/FO) deny
