Appellate Practice
Sep. 14, 2011
Power to disagree: The authority of lower courts in new trial motions
Trial courts do not always realize how much power they have when ruling on new trial motions.
Alana H. Rotter
Partner, Greines, Martin, Stein & Richland LLP
Phone: (310) 859-7811
Email: arotter@gmsr.com
Alana handles civil appeals and writ petitions, including on probate and anti-SLAPP issue. She is certified as an appellate specialist by the State Bar of California Board of Legal Specialization.
When it comes to new trial motions, trial courts do not always realize how much power they have. Helping the court understand its broad power before it rules is important not only for prevailing on the motion, but also - as a recent decision demonstrates - for avoiding procedural headaches on appeal.
Code of Civil Procedure Section 657 authorizes a new trial when there is insufficient evidence to justify the verdict. When deciding a motion on this ground, the court acts as an inde...For only $95 a month (the price of 2 article purchases)
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