Professional Documents
Culture Documents
Basis
Rule
37 of
the
Rules
of
Court
Remedy
New trial or reconsideration
Affidavits of merit
-A motion for new trial should ordinarily
be accompanied by 2 affidavits:
1. one, setting forth the facts and
circumstances alleged to constitute the
ground.
2. other, an affidavit setting forth the
particular facts claimed to constitute the
movants meritorious cause of action or
defense.
Q. When is it not necessary?
A. If the granting of the motion for new
trial is not discretionary with the court
but is demandable as of right, as where
the movant has been deprived of his day
in court through no fault or negligence
on his part xxx.
When Filed
within
period
for
taking, not perfecting
an appeal.
Requisites
Grounds are:
(a) FAME
Fraud,
accident,
mistake or excusable
negligence.
Notes
Cases
i.e.
unconsciousness,
forgetfulness or belief that
there is no need to appear
during the trial because
there was already a
compromise agreement.
i.e.
The
failure
of
defendants attorney to file
his answer on time may be
excused where such failure
was due to the fact that the
employee
who
was
commissioned to file the
answer which he had
prepared on time was