§ CR 59.01 Grounds

Codes > Kentucky Rules of Civil Procedure > VII Judgment > CR 59 > CR 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 vand produced at the trial.

    (h) Errors of law occurring at the trial and objected to by the party under the provisions of these rules.