18.21.2 Motions for New Trial.

• Jurisdiction: Arizona

18.21.2 Motions for New Trial. In certain situations, Arizona courts have the power to vacate a verdict, decision, or judgment on motion by the aggrieved party.⁴⁸¹ Rule 59(a) provides eight situations in which this might be proper, including cases in which there was some irregularity or an abuse of discretion by the trial judge that denied the movant a fair trial.⁴⁸² Errors in the admission or rejection of evidence and in the charge to the jury, or in refusing instructions requested also serve as a proper basis for a new trial.⁴⁸³ Where there was (1) misconduct by the jury or prevailing party; (2) an accident or surprise which could not have been prevented by ordinary prudence; or (3) newly discovered material evidence that could not have been discovered with reasonable diligence, the movant has a proper basis to move for a new trial.⁴⁸⁴

Finally, where (1) damages were excessive or insufficient; (2) the verdict was based on passion or prejudice; or (3) the verdict is not justified by the evidence, it is proper to move for a new trial.⁴⁸⁵ As in all factor-based tests, there is wide discrepancy in court approval and acceptance of the eight rationales given by the rule.⁴⁸⁶ A new trial can be granted for a singular major misdeed or for the cumulative effects of numerous smaller acts.⁴⁸⁷

Procedurally, this motion stands alone and there are no prerequisites for a motion for new trial to be considered by the court. In fact, a motion for new trial can even be aimed at an unfavorable reception to a motion for summary judgment.⁴⁸⁸ The motion for new trial must be filed within 15 days of the entry of judgment.⁴⁸⁹ The motion for new trial shall be in writing, shall specify generally the grounds upon which the motion is based, and may be amended at any time before it is ruled upon by the court.⁴⁹⁰ Substantively, new trials can be granted only for the eight reasons specified in the rule, and courts can consider no other factors.⁴⁹¹ The trial court, however, has immense discretion in ordering a new trial, and appellate courts will not overturn their decision unless the “bounds of reason” were exceeded.⁴⁹²

Parties may appeal the denial of a grant for new trial alone or include this error in an appeal to the entire final judgment. However, if a party only appeals to the denial of a grant of new trial alone, the appellate court will only look at issues raised by the motion itself.⁴⁹³ As in motions for JMOL, the trial court has considerable discretion in granting new...