N.H. Rev. Stat. Ann. » N.H. Rev. Stat. Ann. / Title liii / Chapter 526
New Hampshire Revised Statutes

N.H. Rev. Stat. Ann. § 526:1 (2024)

When Granted

✓ 2024 N.H. RSA (Justia copy): later sessions are not included
Find cases: SyfertCases citing this section NH-GCgc.nh.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
    526:1 When Granted. – A new trial may be granted in any case when through accident, mistake or misfortune justice has not been done and a further hearing would be equitable.

Source. RS 192:2. CS 205:2. GS 215:5. 1878, 64:1. GL 234:1. PS 230:1. PL 342:1. RL 398:1.

Notes of Decisions
Cited in 40 cases (5 in the last 5 years), 1968–2024 · leading case: Favazza v. Braley, 999 A.2d 1088 (N.H. 2010).
Sort: Relevance Newest Treatment
Favazza v. Braley, 999 A.2d 1088 (N.H. 2010). · cites it 11× “Relying upon the language of RSA 526:1, the landlord argues the superior court is authorized to grant a new trial in all cases, including landlord-tenant matters originally tried in district court.”
State v. Paul R. Santamaria, 157 A.3d 409 (N.H. 2017). · cites it 4× “We first address whether, as the State contends, the common law writ of coram nobis was abolished by RSA 526:1 (2007), which provides: “A new trial may be granted in any case when through accident, mistake or misfortune justice has not been done and a further hearing would be…”
State v. Etienne, 35 A.3d 523 (N.H. 2011). · cites it 2× “The State’s alleged withholding of this purportedly exculpatory evidence and Gomez’s allegedly false testimony formed the basis of the defendant’s motion for a new trial, which was grounded in Part I, Article 15 of the New Hampshire Constitution, the Due Process Clause of the…”
In re Birmingham, 904 A.2d 636 (N.H. 2006). “RSA 526:1 (1997) states: “A new trial may be granted in any case when through accident, mistake or misfortune justice has not been done and a further hearing would be equitable.”
Hodgdon v. Beatrice D. Weeks Mem'l Hosp., 515 A.2d 1199 (N.H. 1986). · cites it 5× “RSA 526:1, :4. The trial court granted the motion, and the defendant brought this interlocutory appeal.”
State v. Bader, 808 A.2d 12 (N.H. 2002). “904 (1980), and RSA 526:1, the trial court ruled “that there was no miscarriage of justice at the original trial and the alleged newly discovered evidence does not justify a new trial.”
State v. Jaroma, 660 A.2d 1131 (N.H. 1995). · cites it 3× “) denying his motion for a new trial brought pursuant to RSA 526:1 (1974). We affirm. The Hillsborough County Grand Jury indicted the defendant in July 1984 on twenty-two counts of receiving stolen property.”
James Conant & a. v. Timothy O'Meara & a., 167 N.H. 644 (2015). “440, 441 (1943); see RSA 526:1 (2007) (current version of statute cited in Rasquin).”
State v. Monroe, 766 A.2d 734 (N.H. 2001). · cites it 2× “) denying his motion for a new trial brought pursuant to RSA 526:1 (1997). We affirm. The defendant was convicted of second degree murder on November 20, 1995.”
Rautenberg v. Munnis, 241 A.2d 375 (N.H. 1968). · cites it 3× “” The Trial Court found that the parties were not at fault in fading to discover the plan prior to the original trial, but also found that tire plan “only confuses tire issue and falls short of the requirements of RSA 526:1.” The questions raised by the plaintiffs ’ exception to…”
Wright v. Clark Equip. Co., 480 A.2d 146 (N.H. 1984). · cites it 3× “Although not clearly pleaded, we construe the plaintiff’s motion as a motion for a new trial under RSA 526:1. See Bricker v. Sceva Speare Hosp.”
State v. Kelly, 424 A.2d 820 (N.H. 1980). · cites it 2× “166, 173 (1850); RSA 526:1. Whether a new trial should be granted on the basis of newly discovered evidence is a question of fact for the trial court.”
Show all 40 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.