CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1273
PART IV.
APPEALS.
CHAPTER XXVIII.
APPEAL TO THE FULL COURT.
594. The right of appeal from decisions of the Judges is regulated by section 23 of the Supreme Court Ordinance, 1873.
Appeal from decisions. No. 3 of 1873.
*
595. Every motion for a new trial, or to set aside a verdict, finding, or judgment, in any cause or matter in which there has been a trial thereof or any issue therein with a jury shall be heard and determined by the Full Court.
Motions for new trial to be heard by Full Court.
596. The Full Court may in any cause or matter, on such terms as may seem just, order a new trial, with or without a stay of proceedings.
Jud. Act, 1890, s. 1.
+
General order for new trial. H. K. Code, s. 68 (1).
power to order new trial.
597.—(1) Any application for a new trial shall be made on notice of motion filed not later than 14 days after the date of the verdict; and no rule nisi, order to show cause, or formal proceeding other than such notice of motion shall be made or taken.
(2) The notice shall state the grounds of the application and whether all or part only of the judgment or verdict is complained of.
(3) The notice shall not of itself operate as a stay of proceedings; but any money in Court in the cause or matter shall be retained to abide the result of the motion or the further order of the Full Court.
(4) After the expiration of such 14 days, an application for such new trial shall not be admitted, except by special leave of the Full Court, on such terms as may seem just.
O.39 r. 3.
refusing new trial.
598.-(1) A new trial may be granted on the ground of the discovery of new matter or evidence which was not within the knowledge of the applicant, or could not have been adduced by him, at the trial.
(2) A new trial shall not be granted on the ground of misdirection or of the improper admission or rejection of evidence, or because the verdict of the jury was not taken upon a question which the Court at the trial was not asked to leave to them, unless in the opinion of the Full Court some substantial wrong or miscarriage has been
* As amended by No. 1 of 1912.
+ As amended by No. 36 of 1911, No. 50 of 1911 and No. 1 of 1912.
[ib. s. 68 (7).] O.39 r. 6.
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1273
PART IV.
APPEALS.
CHAPTER XXVIII.
APPEAL TO THE FULL COURT.
594. The right of appeal from decisions of the Judges is regulated Appeal from by section 23 of the Supreme Court Ordinance, 1873.
decisions. No. 3 of 1873.
*
new trial to
595. Every motion for a new trial, or to set aside a verdict, find- Motions for ing, or judgment, in any cause or matter in which there has been a trial thereof or any issue therein with a jury shall be heard and Full Court. be heard by determined by the Full Court.
596. The Full Court may in any cause or matter, on such terms as may seem just, order a new trial, with or without a stay of pro- ceedings.
Jud. Act, 1890, s. 1.
+
General order new
power to
trial. H. K. Code, s. 68 (1).
for new trial.
597.—(1) Any application for a new trial shall be made on notice Application of motion filed not later than 14 days after the date of the verdict; [ib. s. 68 (2)- and no rule nisi, order to show cause, or formal proceeding other (4)] than such notice of motion shall be made or taken.
(2) The notice shall state the grounds of the application and whether all or part only of the judgment or verdict is complained of. (3) The notice shall not of itself operate as a stay of proceedings; but any money in Court in the cause or matter shall be retained to abide the result of the motion or the further order of the Full Court.
(4) After the expiration of such 14 days, an application for such new trial shall not be admitted, except by special leave of the Full Court, on such terms as may seem just.
0.39 r. 3.
refusing new
598.-(1) A new trial may be granted on the ground of the dis- Grounds for covery of new matter or evidence which was not within the granting or knowledge of the applicant, or could not have been adduced by him, trial. at the trial.
(2) A new trial shall not be granted on the ground of misdirection or of the improper admission or rejection of evidence, or because the verdict of the jury was not taken upon a question which the Court at the trial was not asked to leave to them, unless in the opinion of the Full Court some substantial wrong or miscarriage has been
* As amended by No. 1 of 1912.
As amended by No. 36 of 1911, No. 50 of 1911 and No. 1 of 1912.
[ib. s. 68 (7).] 0.39 r. 6.
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