USE THE SEARCH FOR ALL YOUR LEGAL RESEARCH NEEDS:

DISTINCTIONS BETWEEN NEW TRIAL, RECONSIDERATION, AND MOTION TO REOPEN TRIAL

NEW TRIAL

Proper only after rendition or promulgation of judgment but has not been final 

Fraud, accident, mistake  and  excusable negligence; newly-discovered evidence are the only grounds 

There has to be a motion that has to be filed 

RECONSIDERATION

No longer any new trial or hearing that will take place   and   the judgment will be based on the pleadings
submitted by the parties

MOTION TO REOPEN TRIAL 

May properly be presented only after either both parties have formally offered and closed their evidence,   but before judgment.  It is still possible to have trials or hearings.  There has been no judgment rendered yet.
 
Section 24, Rule 119 

Miscarriage of justice  

The judge may act motu propio 


 Visit the site's Law Firm by clicking the above image to avail of Free Legal Advice or for us to assist you in your legal needs.

Free Legal Advice