25-11-104 . How motion for new trial made. (1) Motions for new trials shall be made as follows: (a) For causes mentioned in 25-11-102 (1), the motion shall be made on affidavits or on the minutes of the court. (b) For causes mentioned in subsection (2), (3), or (4) of 25-11-102 , the motion shall be made only on affidavits. (c) For causes mentioned in subsection (5), (6), or (7) of 25-11-102 , the motion shall be made only on the minutes of the court. (2) The official stenographic reports of the trial may be referred to as a part of the minutes of the court.
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