Question & AnswerQ&A (Act No. 1596)
The primary purpose of Act No. 1596 is to amend Act No. 190 (Code of Procedure in Civil Actions and Special Proceedings) to allow exceptions to the rule against reviewing evidence in the Supreme Court when a motion for a new trial on the ground of insufficient evidence is overruled by the trial court.
The Supreme Court may review evidence in cases when: 1) New and material evidence is discovered that could not have been found before trial by due diligence and may change the result; and 2) When a motion for a new trial on the ground of insufficient evidence is overruled by the trial court and an exception is taken.
The party must petition the Supreme Court attaching affidavits showing the facts entitling them to a new trial and describing the newly discovered evidence. The Court may then order further testimony and hear the petition along with the bill of exceptions.
Yes, under the amended law, an exception may be taken to the order overruling such motion, and this exception may be reviewed by the Supreme Court.
The Supreme Court may affirm, reverse, or modify the judgment rendered by the lower court based on a preponderance of the evidence.
The Supreme Court may impose double or treble additional costs on the excepting party and may order these costs to be paid by their counsel if justice so requires.
An application for a new trial must be made by a written motion stating the grounds for the motion, supported by affidavits if the grounds fall within the first or second subdivisions of Section 497. Reasonable notice must be given to the adverse party.
No, it is generally considered an act of discretion by the judge and not a ground for exception, except when the motion is based on the insufficiency of evidence.
The Court gives due weight to the fact that the trial judge personally saw the witnesses when they testified.
Yes, Section 4 provides that cases pending in the Supreme Court are subject to the provisions of this Act.