Code of Alabama

Ala. Code § 12-13-11 (2026)

Grounds for Granting New Trials; Costs Therefor.

✓ official Alabama Legislature (ALISON) text, current July 2026

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(a) On motion filed within 30 days from entry of judgment, a new trial may be granted for the following grounds:

(1) Irregularity in the proceedings of the court, jury or prevailing party, or any order of court, or abuse of discretion, by which the party was prevented from having a fair trial.

(2) Misconduct of the jury or prevailing party.

(3) Accident or surprise, which ordinary prudence could not have guarded against.

(4) Excessive or inadequate damages.

(5) Error in the assessment of the amount of recovery, whether too large or too small where the action is upon a contract or for the injury or detention of property.

(6) The verdict or decision is not sustained by the great preponderance of the evidence or is contrary to law.

(7) Newly discovered evidence, material for the party applying, which he could not, with reasonable diligence, have discovered and produced at the trial.

(8) Error of law occurring at the trial and properly preserved by the party making the application.

(b) The court, in granting new trials, may allow the same upon the payment of such costs by party applying therefor, as the justice and equity of the case may require, taking into consideration the causes which may make such new trial necessary.

(Code 1923, §9518; Code 1940, T. 13, §276.)

Notes of Decisions

Cited in 19 cases (1 in the last 5 years), 1978–2025 · leading case: Beiersdoerfer v. Hilb, Rogal & Hamilton, 953 So. 2d 1196 (Ala. 2006).

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Beiersdoerfer v. Hilb, Rogal & Hamilton, 953 So. 2d 1196 (Ala. 2006). · cites it 4× “Thus, a new trial can be granted for the reasons listed in § 12-13-11. One of those reasons is that `[t]he verdict .”

Melvin v. Loats, 23 So. 3d 666 (Ala. Civ. App. 2009). · cites it 5× “, a new trial in a civil action may be granted for any reason for which new trials were granted in actions at law in Alabama before the adoption of the Alabama Rules of Civil Procedure, including the reasons stated in § 12-13-11, Ala.Code 1975. See Scott v. Farnell, 775 So.”

Scott v. Farnell, 775 So. 2d 789 (Ala. 2000). · cites it 3× “Thus, a new trial can be granted for the reasons listed in § 12-13-11. One of those reasons is that "[t]he verdict .”

Clements v. Lanley Heat Processing Equip., 548 So. 2d 1345 (Ala. 1989). · cites it 2× “Alabama Code 1975, § 12-13-11(a)(4); Rule 59(a), A.”

Bledsoe v. Cleghorn, 993 So. 2d 456 (Ala. Civ. App. 2007). · cites it 3× “See Ala.Code 1975, § 12-13-11. In addition, the motion challenged the competency of the child to testify; alleged that the child had been "promised" a gift in exchange for her testimony in favor of the father; alleged that the evidence was insufficient to meet the Ex parte…”

Mut. Sav. Life Ins. v. Smith, 765 So. 2d 652 (Ala. Civ. App. 1998). · cites it 4× “In § 12-13-11, Ala.Code 1975, Alabama has codified a number of grounds for granting a new trial.”

Limestone Cnty. Dep't of Human Resources v. Long, 182 So. 3d 541 (Ala. Civ. App. 2014). · cites it 2× “See Ala.Code 1975, § 12-13-11(a)(1). In Montgomery County Department of Human Resources v.”

Ankor Energy, LLC v. Kelly, 271 So. 3d 798 (Ala. 2018). · cites it 2× “Ala. Code § 12-13-11 (1975) provides in pertinent part as follows: " '(a) On motion filed within 30 days from entry of judgment, a new trial may be granted for the following grounds: " '(1) Irregularity in the proceedings of the court, jury or prevailing party, or any order of…”

Lett v. Weaver, 2090236 (ala.civ.app. 7-23-2010), 79 So. 3d 625 (Ala. Civ. App. 2010). “Therefore, the contestants’ motions were untimely under both § 12-13-11 and Rule 59. Thus, the contestants’ motions could only be considered motions under Rule 60(b), Ala.”

Frank Gillis, M.D. v. Joey Frazier, as of the Est. of Florine Bryant, 214 So. 3d 1127 (Ala. 2014). · cites it 2× “See § 12-13-11(a), Ala. Code 1975 (identifying as separate grounds for postjudgment relief "newly discovered evidence," on the one hand, and "irregularity in the proceedings" and "[m]isconduct of the jury," on the other hand); cf.”

Allen v. Fountain, 861 So. 2d 1104 (Ala. Civ. App. 2002). “, a new trial in a civil action may be granted for any reason for which new trials were granted in actions at law in Alabama before the adoption of the Alabama Rules of Civil Procedure, including the reasons stated in § 12-13-11, Ala.Code 1975. See Scott v. Farnell, 775 So.”

C.B.W.N. v. K.P.R., 266 So. 3d 47 (Ala. Civ. App. 2018). · cites it 4× “R. Civ. P., which provides that postjudgment motions in the circuit court must be filed within 30 days of the entry of judgment, Ex parte A.”

Show all 19 citing cases →

— Ala. Code § 12-13-11(4) — 1 case

Melvin v. Loats, 23 So. 3d 666 (Ala. Civ. App. 2009). “, a new trial in a civil action may be granted for any reason for which new trials were granted in actions at law in Alabama before the adoption of the Alabama Rules of Civil Procedure, including the reasons stated in § 12-13-11, Ala.Code 1975. See Scott v. Farnell, 775 So.”

— Ala. Code § 12-13-11(6) — 1 case

Mut. Sav. Life Ins. v. Smith, 765 So. 2d 652 (Ala. Civ. App. 1998). “In § 12-13-11, Ala.Code 1975, Alabama has codified a number of grounds for granting a new trial.”

— Ala. Code § 12-13-11(a) — 2 cases

Frank Gillis, M.D. v. Joey Frazier, as of the Est. of Florine Bryant, 214 So. 3d 1127 (Ala. 2014). “See § 12-13-11(a), Ala. Code 1975 (identifying as separate grounds for postjudgment relief "newly discovered evidence," on the one hand, and "irregularity in the proceedings" and "[m]isconduct of the jury," on the other hand); cf.”

LaTonya McCain v. James Sneed & Vernetta Smoot (Ala. 2025).

— Ala. Code § 12-13-11(a)(1) — 2 cases

Limestone Cnty. Dep't of Human Resources v. Long, 182 So. 3d 541 (Ala. Civ. App. 2014). “See Ala.Code 1975, § 12-13-11(a)(1). In Montgomery County Department of Human Resources v.”

Birmingham Plan. Comm'n v. Laird, 257 So. 3d 881 (Ala. Civ. App. 2018).

— Ala. Code § 12-13-11(a)(3) — 2 cases

Colley v. Est. of Dees, 266 So. 3d 707 (Ala. 2018).

— Ala. Code § 12-13-11(a)(4) — 1 case

Clements v. Lanley Heat Processing Equip., 548 So. 2d 1345 (Ala. 1989). “Alabama Code 1975, § 12-13-11(a)(4); Rule 59(a), A.”

— Ala. Code § 12-13-11(a)(6) — 2 cases

Beiersdoerfer v. Hilb, Rogal & Hamilton, 953 So. 2d 1196 (Ala. 2006). “Thus, a new trial can be granted for the reasons listed in § 12-13-11. One of those reasons is that `[t]he verdict .”

Scott v. Farnell, 775 So. 2d 789 (Ala. 2000). “Thus, a new trial can be granted for the reasons listed in § 12-13-11. One of those reasons is that "[t]he verdict .”

— Ala. Code § 12-13-11(a)(8) — 3 cases

Beiersdoerfer v. Hilb, Rogal & Hamilton, 953 So. 2d 1196 (Ala. 2006). “Thus, a new trial can be granted for the reasons listed in § 12-13-11. One of those reasons is that `[t]he verdict .”

Mut. Sav. Life Ins. v. Smith, 765 So. 2d 652 (Ala. Civ. App. 1998). “In § 12-13-11, Ala.Code 1975, Alabama has codified a number of grounds for granting a new trial.”

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