*CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1263
be heard by
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.
53 & 54 Vict. c. 44, s. 1.
596. The Full Court may in any cause or matter, on such terms as may seem just, order a new trial, with or without stay of proceedings.
a power to order new trial. H. K. Code, s. 68 (1).
Application for new trial.
H. K. Code, s. 68 (2)-(4). O. 39, r. 3.
597.-(1) Any application for a new trial shall be made on notice of motion filed not later than fourteen 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 fourteen 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.
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.
H. K. Code, s. 68 (7).
(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 thereby occasioned in the trial; and if it appears to the Full Court that such wrong or miscarriage affects part only of the matter in controversy, or some or one only of the parties,
* As amended by Law Rev. Ord., 1924.
Page 150
Page 151
*CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1263
be heard by
595. Every motion for a new trial, or to set aside a Motions for verdict, finding, or judgment, in any cause or matter in new trial to which there has been a trial thereof or any issue therein Full Court. with a jury shall be heard and determined by the Full 53 & 54 Vict. Court.
c. 44, s. 1.
596. The Full Court may in any cause or matter, on such General terms as may seem just, order a new trial, with or without stay of proceedings.
a power to
order new trial. H. K. Code, s. 68 (1).
Application
H. K. Code,
597.-(1) Any application for a new trial shall be made on notice of motion filed not later than fourteen days after for new trial. the date of the verdict; and no rule nisi, order to show s. 68 (2)-(4). cause, or formal proceeding other than such notice of motion O. 39, r. 3. 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.
pro-
(3) The notice shall not of itself operate as a stay of ceedings; 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 fourteen days, an applica- tion for such new trial shall not be admitted, except by special leave of the Full Court, on such terms as may seem just.
598.-(1) A new trial may be granted on the ground of Grounds for the discovery of new matter or evidence which was not within granting or the knowledge of the applicant, or could not have been trial. adduced by him, at the trial.
refusing new
H. K. Code, s. 68 (7).
*
(2) A new trial shall not be granted on the ground of 0.39, r. 6. 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 thereby occasioned in the trial; and if it appears to the Full Court that such wrong or miscarriage affects part only of the matter in controversy, or some or one only of the parties,
* As amended by Law Rev. Ord., 1924.
Page 150Page 151
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