Home Table of Contents

CR 59.01 Grounds

Baldwin's Kentucky Revised Statutes AnnotatedRules of Civil ProcedureEffective: March 1, 2020

Baldwin's Kentucky Revised Statutes Annotated
Rules of Civil Procedure
VII Judgment
CR 59. New Trials; Amendment of Judgments
Effective: March 1, 2020
Kentucky Rules of Civil Procedure (CR) Rule 59.01
CR 59.01 Grounds
A new trial may be granted to all or any of the parties and on all or part of the issues for any of the following causes:
(a) Irregularity in the proceedings of the court, jury or prevailing party, or an order of the court, or abuse of discretion, by which the party was prevented from having a fair trial.
(b) Misconduct of the jury, of the prevailing party, or of his attorney.
(c) Accident or surprise which ordinary prudence could not have guarded against.
(d) Excessive or inadequate damages, appearing to have been given under the influence of passion or prejudice or in disregard of the evidence or the instructions of the court.
(e) Error in the assessment of the amount of recovery whether too large or too small.
(f) That the verdict is not sustained by sufficient evidence, or is contrary to law.
(g) Newly discovered evidence, material for the party applying, which he could not, with reasonable diligence, have discovered and produced at the trial.
(h) Errors of law occurring at the trial and objected to by the party under the provisions of these rules.

Credits

HISTORY: Amended eff. 1-1-78; adopted eff. 7-1-53
Rules Civ. Proc., Rule 59.01, KY ST RCP Rule 59.01
Current with amendments received through August 1, 2020.
End of Document© 2020 Thomson Reuters. No claim to original U.S. Government Works.