§ Rule 59(a) Procedure; grounds

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Rule 59(a). Procedure; grounds

    A verdict, decision or judgment may be vacated and a new trial granted on motion of the aggrieved party for any of the following causes materially affecting that party's rights:

    1. Irregularity in the proceedings of the court, referee, jury or prevailing party, or any order or abuse of discretion, whereby the moving party was deprived of a fair trial.

    2. Misconduct of the jury or prevailing party.

    3. Accident or surprise which could not have been prevented by ordinary prudence.

    4. Material evidence, newly discovered, which with reasonable diligence could not have been discovered and produced at the trial.

    5. Excessive or insufficient damages.

    6. Error in the admission or rejection of evidence, error in the charge to the jury, or in refusing instructions requested, or other errors of law occurring at the trial or during the progress of the action.

    7. That the verdict is the result of passion or prejudice.

    8. That the verdict, decision, findings of fact, or judgment is not justified by the evidence or is contrary to law.