A new trial is a reexamination in the same court, of an issue of fact or of law or both, after a verdict by a jury, the approval of the report of a referee, or a decision by the court. The former verdict, report, or decision shall be vacated, and a new trial granted, on the application of the party aggrieved, for any of the following causes, affecting materially the substantial rights of the party: 1. Irregularity in the proceedings of the court, jury, referee, or prevailing party, or any order of the court or referee, or abuse of discretion, by which the party was prevented from having a fair trial; 2. Misconduct of the jury or a prevailing party; 3. Accident or surprise, which ordinary prudence could not have guarded against; 4. Excessive or inadequate damages, appearing to have been given under the influence of passion or prejudice; 5. Error in the assessment of the amount of recovery, whether too large or too small, where the action is upon a contract, or for the injury or detention of property; 6. That the verdict, report, or decision is not sustained by sufficient evidence, or is contrary to law; 7. Newly discovered evidence, material for the party applying, which could not, with reasonable diligence, have been discovered and produced at the trial; 8. Error of law occurring at the trial, and objected to by the party making the application; or 9. When, without fault of the complaining party, it becomes impossible to prepare a record for an appeal. R.L. 1910, § 5033. Amended by Laws 1953, p. 53, § 1; Laws 1963, c. 239, § 1, emerg. eff. June 13, 1963; Laws 1999, c. 293, § 3, eff. Nov. 1, 1999.
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