§ 16-89-130 - New trial.
16-89-130. New trial.
(a) A new trial is the reexamination of an issue of fact in the same court by another jury after a verdict has been given.
(b) The application for a new trial must be made at the same term at which the verdict is rendered, unless the judgment is postponed to another term, in which case it may be made at any time before judgment.
(c) The court in which a trial is had upon an issue of fact may grant a new trial when a verdict is rendered against the defendant by which his or her substantial rights have been prejudiced, upon his or her motion, in the following cases:
(1) Where the trial in the case of a felony was commenced and completed in his or her absence;
(2) Where the jury has received any evidence out of court other than that resulting from a view as provided in this code;
(3) Where the verdict has been decided by lot, or in any other manner than by a fair expression of opinion by the jurors;
(4) Where the court has misinstructed or refused to properly instruct the jury;
(5) Where the verdict is against law or evidence;
(6) Where the defendant has discovered important evidence in his or her favor since the verdict; and
(7) Where, from the misconduct of the jury or from any other cause, the court is of opinion that the defendant has not received a fair and impartial trial.
(d) The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew, and the former verdict cannot be used or referred to in evidence or in argument.