Introduction
Motions for new trial and motions for reconsideration are post-judgment remedies available in civil procedure. These motions allow a party to ask the court that rendered a judgment or final order to reconsider its decision based on specific grounds.
Motion for Reconsideration
A motion for reconsideration is filed with the court seeking the modification, reversal, or setting aside of its judgment, resolution, or interlocutory order.
Grounds for Motion for Reconsideration The grounds upon which an aggrieved party may move the trial court to set aside the judgment or final order and grant a new trial or reconsideration include:
- Damages awarded are excessive.
- Evidence is insufficient to justify the decision or final order.
- Decision or final order is contrary to law. A motion for reconsideration should specifically point out the findings or conclusions of the judgment or final order that are not supported by the evidence or are contrary to law.
Period for Filing A motion for reconsideration must be filed within fifteen (15) days from notice of the judgment or final order sought to be reconsidered. If a record on appeal is required, the period is thirty (30) days from the notice. No extension of time to file is allowed.
Effect of Filing The timely filing of a motion for reconsideration interrupts the period for appealing the judgment or final order. It also stays the execution of the judgment or final order, unless the court directs otherwise for good reasons.
Resolution A motion for reconsideration shall be resolved within thirty (30) days from the time it is submitted for resolution.
Second Motion for Reconsideration As a general rule, a second motion for reconsideration is prohibited. However, there are exceptional circumstances, allowing a second motion upon showing compelling reasons.
Pro Forma Motion for Reconsideration A pro forma motion for reconsideration does not suspend the running of the period to appeal. A motion is pro forma if it does not satisfy the requirements of the Rules or is intended to delay. It is deemed pro forma if it merely reiterates arguments already passed upon by the court and is immaterial to the requirements of the Rules.
Motion for New Trial
A motion for new trial is a request to the court that rendered the judgment or final order to set it aside and grant a new trial. The grant of a new trial is generally discretionary.
Grounds for Motion for New Trial The grounds for a motion for new trial in the trial court are:
- Fraud, accident, mistake, or excusable negligence, which ordinary prudence could not have guarded against, and which probably impaired the aggrieved party's rights. This is sometimes referred to as extrinsic fraud.
- Newly discovered evidence which could not, with reasonable diligence, have been discovered and produced at the trial, and which if presented, would probably alter the result. Newly discovered evidence must have been existing and produced at the trial with reasonable diligence, be material, and likely alter the result if admitted. It must be evidence that could not have been discovered and produced at the trial despite the exercise of reasonable diligence.
Grounds in Court of Appeals Unlike trial courts, the only ground for a motion for new trial in the Court of Appeals is newly discovered evidence which could not have been discovered and produced at the trial below with the exercise of reasonable diligence, and which if presented, would probably change the result. Gross negligence of counsel is not a ground.
Period for Filing Similar to reconsideration, a motion for new trial must be filed within fifteen (15) days from notice of the judgment or final order. If a record on appeal is required, it must be filed within thirty (30) days. No extension of time to file is allowed.
Effect of Filing A timely filed motion for new trial interrupts the period for appeal. It also stays the execution of the judgment or final order unless the court orders otherwise for good reasons.
Resolution A motion for new trial shall be resolved within thirty (30) days from the time it is submitted for resolution. If a new trial is granted, the original judgment or final order is vacated, and the action stands for trial de novo.
Second Motion for New Trial A second motion for new trial is not allowed.
Pro Forma Motion for New Trial Like a pro forma motion for reconsideration, a pro forma motion for new trial does not suspend the running of the period to appeal. It is one that fails to satisfy the requirements of the Rules.
Relationship and Other Considerations
Not a Prerequisite to Appeal A motion for new trial or reconsideration is not a prerequisite to filing an appeal, a petition for review, or a petition for certiorari.
Remedy for Denial The denial of a motion for new trial or reconsideration is generally an interlocutory order and is not appealable. The proper remedy is to appeal the judgment or final order itself. However, if the denial of the motion constitutes grave abuse of discretion amounting to lack or excess of jurisdiction, the appropriate remedy is a special civil action for certiorari under Rule 65.
Similarity to Relief from Judgment The grounds for relief from judgment (fraud, accident, mistake, or excusable negligence) are the same as the grounds for a motion for new trial. Relief from judgment is a remedy filed when the judgment has become final and executory, unlike motions for new trial or reconsideration which are filed before finality. Extrinsic fraud, as a ground for relief from judgment, is distinct from intrinsic fraud and pertains to a scheme that prevents a party from having a fair trial or presenting their case. Relief from judgment may be the appropriate remedy to annul a judgment rendered without jurisdiction over a misjoined cause of action that was not severed.
Partial New Trial or Reconsideration If the court finds that a motion affects only certain issues or parties, it may grant a partial new trial or reconsideration as to those issues or parties, severable without interfering with the judgment or final order on the rest. When an order for partial new trial or reconsideration is issued, the court may either enter a judgment or final order as to the remaining issues, or stay the enforcement of such judgment or final order until after the new trial.