60-259.New trial; amendment of judgments.(a) Grounds. A new trial may be granted to all or any of theparties and on all or part of the issues when it appears that the rights ofthe party are substantially affected:
First. Because of abuse of discretion of the court, misconduct ofthe jury or party, or accident or surprise which ordinary prudence couldnot have guarded against, or for any other cause whereby the party was notafforded a reasonable opportunity to present his evidence and be heard onthe merits of the case.
Second. Erroneous rulings or instructions of the court.
Third. That the verdict, report or decision was given under theinfluence of passion or prejudice.
Fourth. That the verdict, report or decision is in whole or in partcontrary to the evidence.
Fifth. For newly discovered evidence material for the partyapplying, which he could not, with reasonable diligence, have discoveredand produced at the trial.
Sixth. That the verdict, report or decision was procured by thecorruption of the party obtaining it. In this case the new trial shall begranted as a matter of right, and all the costs made in the case up to thetime of granting the new trial shall be charged to the party obtaining thedecision, report or verdict.
On motion for a new trial in an action tried without a jury, the courtmay open the judgment if one has been entered, take additional testimony,and direct the entry of a new judgment.
(b) Time for motion. A motion for a new trial shall be served notlater than 10 days after the entry of judgment. After a motion has beenthus timely served, the court in its discretion may (1) upon applicationand notice while the motion is pending, permit the moving party to amendthe motion to state different or additional grounds; (2) grant the pendingmotion upon grounds not stated by the moving party and in that case thecourt shall specify the grounds in its order.
(c) Definite statement of grounds. The motion shall not follow thegeneral language of the statute in stating the grounds for a new trial, butshall state specifically the alleged error or other grounds relied on.
(d) Time for serving affidavits. When a motion for a new trial isbased upon affidavits they shall be served with the motion. The opposingparty has ten (10) days after such service within which to serve opposingaffidavits, which period may be extended for an additional period notexceeding twenty (20) days either by the court for good cause shown or bythe parties by written stipulation. The court may permit reply affidavits.
(e) On initiative of court. Not later than ten (10) days afterentry of judgment the court of its own initiative may order a new trial forany reason for which it might have granted a new trial on motion of aparty, and in the order shall specify the grounds therefor.
(f) Motion to alter or amend a judgment. A motion to alter or amendthe judgment shall be served and filed not later than ten (10) days afterentry of the judgment.
(g) Production of evidence. In all cases where the ground of themotion is error in the exclusion of evidence, want of fair opportunity toproduce evidence, or newly discovered evidence, such evidence shall beproduced at the hearing of the motion by affidavit, or when authorized bythe judge by deposition or oral testimony of the witnesses, and theopposing party may rebut the same in like manner.
History: L. 1963, ch. 303, 60-259; amended by SupremeCourt order dated July 17, 1969; effective on publication in Kansas Reportsand in K.S.A. 1969 Supp.
60-259.New trial; amendment of judgments.(a) Grounds. A new trial may be granted to all or any of theparties and on all or part of the issues when it appears that the rights ofthe party are substantially affected:
First. Because of abuse of discretion of the court, misconduct ofthe jury or party, or accident or surprise which ordinary prudence couldnot have guarded against, or for any other cause whereby the party was notafforded a reasonable opportunity to present his evidence and be heard onthe merits of the case.
Second. Erroneous rulings or instructions of the court.
Third. That the verdict, report or decision was given under theinfluence of passion or prejudice.
Fourth. That the verdict, report or decision is in whole or in partcontrary to the evidence.
Fifth. For newly discovered evidence material for the partyapplying, which he could not, with reasonable diligence, have discoveredand produced at the trial.
Sixth. That the verdict, report or decision was procured by thecorruption of the party obtaining it. In this case the new trial shall begranted as a matter of right, and all the costs made in the case up to thetime of granting the new trial shall be charged to the party obtaining thedecision, report or verdict.
On motion for a new trial in an action tried without a jury, the courtmay open the judgment if one has been entered, take additional testimony,and direct the entry of a new judgment.
(b) Time for motion. A motion for a new trial shall be served notlater than 10 days after the entry of judgment. After a motion has beenthus timely served, the court in its discretion may (1) upon applicationand notice while the motion is pending, permit the moving party to amendthe motion to state different or additional grounds; (2) grant the pendingmotion upon grounds not stated by the moving party and in that case thecourt shall specify the grounds in its order.
(c) Definite statement of grounds. The motion shall not follow thegeneral language of the statute in stating the grounds for a new trial, butshall state specifically the alleged error or other grounds relied on.
(d) Time for serving affidavits. When a motion for a new trial isbased upon affidavits they shall be served with the motion. The opposingparty has ten (10) days after such service within which to serve opposingaffidavits, which period may be extended for an additional period notexceeding twenty (20) days either by the court for good cause shown or bythe parties by written stipulation. The court may permit reply affidavits.
(e) On initiative of court. Not later than ten (10) days afterentry of judgment the court of its own initiative may order a new trial forany reason for which it might have granted a new trial on motion of aparty, and in the order shall specify the grounds therefor.
(f) Motion to alter or amend a judgment. A motion to alter or amendthe judgment shall be served and filed not later than ten (10) days afterentry of the judgment.
(g) Production of evidence. In all cases where the ground of themotion is error in the exclusion of evidence, want of fair opportunity toproduce evidence, or newly discovered evidence, such evidence shall beproduced at the hearing of the motion by affidavit, or when authorized bythe judge by deposition or oral testimony of the witnesses, and theopposing party may rebut the same in like manner.
History: L. 1963, ch. 303, 60-259; amended by SupremeCourt order dated July 17, 1969; effective on publication in Kansas Reportsand in K.S.A. 1969 Supp.
60-259.New trial; amendment of judgments.(a) Grounds. A new trial may be granted to all or any of theparties and on all or part of the issues when it appears that the rights ofthe party are substantially affected:
First. Because of abuse of discretion of the court, misconduct ofthe jury or party, or accident or surprise which ordinary prudence couldnot have guarded against, or for any other cause whereby the party was notafforded a reasonable opportunity to present his evidence and be heard onthe merits of the case.
Second. Erroneous rulings or instructions of the court.
Third. That the verdict, report or decision was given under theinfluence of passion or prejudice.
Fourth. That the verdict, report or decision is in whole or in partcontrary to the evidence.
Fifth. For newly discovered evidence material for the partyapplying, which he could not, with reasonable diligence, have discoveredand produced at the trial.
Sixth. That the verdict, report or decision was procured by thecorruption of the party obtaining it. In this case the new trial shall begranted as a matter of right, and all the costs made in the case up to thetime of granting the new trial shall be charged to the party obtaining thedecision, report or verdict.
On motion for a new trial in an action tried without a jury, the courtmay open the judgment if one has been entered, take additional testimony,and direct the entry of a new judgment.
(b) Time for motion. A motion for a new trial shall be served notlater than 10 days after the entry of judgment. After a motion has beenthus timely served, the court in its discretion may (1) upon applicationand notice while the motion is pending, permit the moving party to amendthe motion to state different or additional grounds; (2) grant the pendingmotion upon grounds not stated by the moving party and in that case thecourt shall specify the grounds in its order.
(c) Definite statement of grounds. The motion shall not follow thegeneral language of the statute in stating the grounds for a new trial, butshall state specifically the alleged error or other grounds relied on.
(d) Time for serving affidavits. When a motion for a new trial isbased upon affidavits they shall be served with the motion. The opposingparty has ten (10) days after such service within which to serve opposingaffidavits, which period may be extended for an additional period notexceeding twenty (20) days either by the court for good cause shown or bythe parties by written stipulation. The court may permit reply affidavits.
(e) On initiative of court. Not later than ten (10) days afterentry of judgment the court of its own initiative may order a new trial forany reason for which it might have granted a new trial on motion of aparty, and in the order shall specify the grounds therefor.
(f) Motion to alter or amend a judgment. A motion to alter or amendthe judgment shall be served and filed not later than ten (10) days afterentry of the judgment.
(g) Production of evidence. In all cases where the ground of themotion is error in the exclusion of evidence, want of fair opportunity toproduce evidence, or newly discovered evidence, such evidence shall beproduced at the hearing of the motion by affidavit, or when authorized bythe judge by deposition or oral testimony of the witnesses, and theopposing party may rebut the same in like manner.
History: L. 1963, ch. 303, 60-259; amended by SupremeCourt order dated July 17, 1969; effective on publication in Kansas Reportsand in K.S.A. 1969 Supp.
