§ 9.4.8 NEW TRIAL
| Jurisdiction | Arizona |
§ 9.4.8 New Trial
If the trial court grants a motion for a new trial, it can, in its discretion, choose one of two options for awarding costs with respect to the new trial. The court may (1) defer awarding costs until the new trial concludes and one party is ultimately "successful," or (2) at the time of granting the new trial, tax costs of the new trial against the party to whom the new trial was granted. A.R.S. § 12-343(A). See Taylor v. Southern Pac. Transp. Co., 130 Ariz. 516, 522, 637 P.2d 726, 732 (1981); Copper State Bank v. Saggio, 139 Ariz. 438, 442, 679 P.2d 84, 88 (App. 1983).
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