Sample Motion for New Trial for Divorce in California
This sample motion for new trial for a divorce in California is made pursuant to Code of Civil Procedure section 657 and Family Code section 210 on several grounds including (1) irregularity in the proceedings of the court, adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial; (2) accident or surprise, which ordinary prudence could not have guarded against; (3) newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial; (4) insufficiency of the evidence to justify the verdict or other decision, or the verdict or other decision is against law and (5) error in law, occurring at the trial and excepted to by the party making the application. The sample has been revised and updated as of January 31, 2016, is 15 pages and includes brief instructions, a notice of intention to move for new trial, memorandum of points and authorities with citations to case law and statutory authority and sample declaration. The author is a freelance paralegal and entrepreneur who has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.