Idaho Code
Idaho Code

Idaho Code § 19-2406 (2026)

Grounds for new trial. 

✓ current as of May 2026
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Grounds for new trial. 

When a verdict has been rendered against the defendant the court may, upon his application, grant a new trial in the following cases only:

1.  When the trial has been had in his absence, if the indictment is for a felony.
2.  When the jury has received any evidence out of court other than that resulting from a view of the premises.
3.  When the jury has separated without leave of the court after retiring to deliberate upon their verdict, or been guilty of any misconduct by which a fair and due consideration of the case has been prevented.
4.  When the verdict has been decided by lot or by any means other than a fair expression of opinion on the part of all the jurors.
5.  When the court has misdirected the jury in a matter of law, or has erred in the decision of any question of law arising during the course of the trial.
6.  When the verdict is contrary to law or evidence.
7.  When new evidence is discovered material to the defendant, and which he could not with reasonable diligence have discovered and produced at the trial. When a motion for a new trial is made upon the ground of newly-discovered evidence, the defendant must produce at the hearing in support thereof the affidavits of the witnesses by whom such evidence is expected to be given, and if time is required by the defendant to procure such affidavits the court may postpone the hearing of the motion for such length of time as, under all the circumstances of the case, may seem reasonable.
Notes of Decisions
Cited in 120 cases (8 in the last 5 years), 1954–2024 · leading case: State v. Stevens, 191 P.3d 217 (Idaho 2008).
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State v. Stevens, 191 P.3d 217 (Idaho 2008). · cites it 28× “Idaho Code § 19-2406 specifies the permissible grounds for a new trial and authorizes a new trial when the defendant shows that there exists new evidence material to the defense that could not have been produced at the trial with reasonable diligence.”
State v. Mark Lankford, 399 P.3d 804 (Idaho 2017). · cites it 8× “In its initial appellate briefing, the State addressed the substantive issues presented by Lankford’s claim of prosecutorial misconduct.”
State v. MacK, 974 P.2d 1109 (Idaho Ct. App. 1999). · cites it 26× “§ 19-2406 specifies that, "When a verdict has been rendered against the defendant the court may, upon his application, grant a new trial in the following cases ..”
State v. Christiansen, 163 P.3d 1175 (Idaho 2007). · cites it 10× ““Idaho Code § 19-2406 sets forth the only bases for the grant of a new trial.”
State v. Lee, 961 P.2d 1203 (Idaho Ct. App. 1998). · cites it 14× “3 The district court held a *604 hearing and denied Lee’s motion, finding that Lee failed to assert any ground under I.C. § 19-2406 upon which the district court could grant a new trial.”
State v. Priest, 909 P.2d 624 (Idaho Ct. App. 1995). · cites it 12× “On appeal, Priest contends that he was entitled to a new trial due to: the district court’s failure to adequately address the conflicts between Priest and his counsel, prosecutorial misconduct, ineffective assistance by defense counsel, and newly discovered evidence.”
State v. Lankford, 781 P.2d 197 (Idaho 1989). · cites it 8× “Idaho Code § 19-2406 (7) (1987), limits the instances in which that discretion may be exercised.”
State v. Page, 16 P.3d 890 (Idaho 2000). · cites it 12× “2d 197, 210 (1989) ("We note from the outset that while the decision of whether to grant a new trial is a discretionary matter for the trial judge[,] Idaho Code § 19-2406 (7), limits the instances in which that discretion may be exercised.”
State v. Scroggins, 716 P.2d 1152 (Idaho 1986). · cites it 8× “I.C. § 19-2406 provides in relevant part: Grounds for new trial.”
State v. Eddins, 128 P.3d 960 (Idaho Ct. App. 2006). · cites it 32× “The district court denied Eddins's motion, finding that although the proffered evidence may have been newly available, it was not newly discovered. This appeal followed. II.”
State v. Carlson, 3 P.3d 67 (Idaho Ct. App. 2000). · cites it 10× “It has been consistently recognized that I.C. § 19-2406 is a “legitimate exercise of the legislature’s power to define the substantive law of this state, and sets out an exclusive list of the grounds for a new trial.”
State v. Lopez, 77 P.3d 124 (Idaho Ct. App. 2003). · cites it 28× “Idaho Code § 19-2406 provides in relevant part: When a verdict has been rendered against the defendant the court may, upon his application, grant a new trial in the following cases only: 4.”
Show all 120 citing cases →
— Idaho Code § 19-2406(1) — 2 cases
State v. Dopp, 930 P.2d 1039 (Idaho Ct. App. 1996).
State v. John Joseph Fairchild, 349 P.3d 431 (Idaho Ct. App. 2015).
— Idaho Code § 19-2406(2) — 2 cases
State v. Nelson, 953 P.2d 650 (Idaho Ct. App. 1998).
State v. Polson, 448 P.2d 229 (Idaho 1968).
— Idaho Code § 19-2406(3) — 5 cases
State v. Reutzel, 936 P.2d 1330 (Idaho Ct. App. 1997).
State v. Bolen, 146 P.3d 703 (Idaho Ct. App. 2006).
State v. Rodriguez, 545 P.3d 1 (Idaho 2024).
Campbell v. State, 944 P.2d 143 (Idaho Ct. App. 1997).
State v. Thomas K. Hooley (Idaho Ct. App. 2015).
— Idaho Code § 19-2406(4) — 1 case
State v. Lopez, 77 P.3d 124 (Idaho Ct. App. 2003). “Idaho Code § 19-2406 provides in relevant part: When a verdict has been rendered against the defendant the court may, upon his application, grant a new trial in the following cases only: 4.”
— Idaho Code § 19-2406(5) — 23 cases
State v. Lee, 961 P.2d 1203 (Idaho Ct. App. 1998). “3 The district court held a *604 hearing and denied Lee’s motion, finding that Lee failed to assert any ground under I.C. § 19-2406 upon which the district court could grant a new trial.”
State v. MacK, 974 P.2d 1109 (Idaho Ct. App. 1999). “§ 19-2406 specifies that, "When a verdict has been rendered against the defendant the court may, upon his application, grant a new trial in the following cases ..”
State v. Christiansen, 163 P.3d 1175 (Idaho 2007). ““Idaho Code § 19-2406 sets forth the only bases for the grant of a new trial.”
State v. Siegel, 50 P.3d 1033 (Idaho Ct. App. 2002).
State v. Alwin, 426 P.3d 1260 (Idaho 2018).
— Idaho Code § 19-2406(6) — 4 cases
State v. Hooley, 460 P.3d 341 (Idaho 2020).
State v. Rodriguez, 545 P.3d 1 (Idaho 2024).
State v. Bryann Kristine Lemmons (Idaho Ct. App. 2014).
State v. Scott Lewis Ostler (Idaho Ct. App. 2015).
— Idaho Code § 19-2406(7) — 32 cases
State v. Stevens, 191 P.3d 217 (Idaho 2008). “Idaho Code § 19-2406 specifies the permissible grounds for a new trial and authorizes a new trial when the defendant shows that there exists new evidence material to the defense that could not have been produced at the trial with reasonable diligence.”
State v. Scroggins, 716 P.2d 1152 (Idaho 1986). “I.C. § 19-2406 provides in relevant part: Grounds for new trial.”
State v. Jonathan Wade Ellington, 337 P.3d 639 (Idaho 2014).
State v. Davis, 451 P.3d 422 (Idaho 2019).
State v. Ellington, 253 P.3d 727 (Idaho 2011).
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