Grounds for Evidence Review and New Trials
- New and material evidence discovered after trial but before final determination can be admitted if it probably changes the case result.
- The party must petition the Supreme Court with affidavits detailing facts and evidence.
- The Court may order further testimony or deposition as deemed just and decide to grant or refuse a new trial.
Review of Evidence on Insufficiency Grounds
- When a motion for a new trial is made on the ground of insufficient evidence and is overruled by the trial court, the losing party can take exception.
- The Supreme Court may then review the evidence by a preponderance of evidence and affirm, reverse, or modify the lower court judgment.
- The Court may impose double or treble costs if the exception is frivolous or not in good faith.
Procedural Requirements for New Trial Applications
- Applications must be made by written motion stating the grounds, with reasonable notice to the adverse party.
- Affidavits must support motions based on newly discovered evidence or insufficiency of evidence.
- The overruling or granting of a new trial motion is generally discretionary and not subject to exception, except when based on insufficient evidence.
Effectivity and Applicability
- The Act's provisions apply immediately upon passage including to cases pending before the Supreme Court.
- The law expedites enactment for public good reasons as mandated by existing procedural regulations.