A new trial is a reexamination in the same court, of an issue of fact or of law or both, after a verdict by a jury, the approval of the report of a referee, or a decision by the court. The former verdict, report, or decision shall be vacated, and a new trial granted, on the application of the party aggrieved, for any of the following causes, affecting materially the substantial rights of the party:
1. Irregularity in the proceedings of the court, jury, referee, or prevailing party, or any order of the court or referee, or abuse of discretion, by which the party was prevented from having a fair trial; 2. Misconduct of the jury or a prevailing party; 3. Accident or surprise, which ordinary prudence could not have guarded against; 4. Excessive or inadequate damages, appearing to have been given under the influence of passion or prejudice; 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. That the verdict, report, or decision is not sustained by sufficient evidence, or is contrary to law; 7. Newly discovered evidence, material for the party applying, which could not, with reasonable diligence, have been discovered and produced at the trial; 8. Error of law occurring at the trial, and objected to by the party making the application; or 9. When, without fault of the complaining party, it becomes impossible to prepare a record for an appeal. R.L. 1910, § 5033. Amended by Laws 1953, p. 53, § 1; Laws 1963, c. 239, § 1, emerg. eff. June 13, 1963; Laws 1999, c. 293, § 3, eff. Nov. 1, 1999.
Notes of Decisions
Cited in
137
cases (
18 in the last 5 years), 1953–2025 · leading case:
Beyrer v. The Mule, 2021 OK 45 (Okla. 2021).
Beyrer v. The Mule, 2021 OK 45 (Okla. 2021).
· cites it 39× “Misconduct of the jury or a prevailing party; 12 O.S.2011, § 651. A motion for a new trial may be based upon misconduct of the jury "affecting materially the substantial rights of a party.”
Indep. Sch. Dist. 52 v. Hofmeister, 2020 OK 56 (Okla. 2020).
· cites it 12× “¶14 A "motion to reconsider" does not technically exist within Oklahoma's statutory nomenclature, this Court looks to the content and substance of a motion rather than its title to determine how the motion is treated, and a motion to reconsider may be treated as a motion for a…”
Schepp v. Hess, 770 P.2d 34 (Okla. 1989).
· cites it 6× “as on grounds *36 which may have been available to the mov-ant under 12 O.S.1981 § 651, which motion was filed more than ten but within thirty days of the decree’s rendition? 2 and 2) If so, does the trial court’s order of vacation that is combined with its new decree on the…”
Smith v. City of Stillwater, 2014 OK 42 (Okla. 2014).
· cites it 2× “However, if timely filed, a "motion to reconsider" may be treated as a motion for new trial under 12 O.S. §651 (if filed within ten (10) days of the filing of the judgment, decree, or appealable order), or it may be treated as a motion to modify or to vacate a final order or…”
Capshaw v. Gulf Ins. Co., 2005 OK 5 (Okla. 2005).
· cites it 2× “The terms of 12 O.S.2001 § 651 provide: "A new trial is a reexamination in the same court, of an issue of fact or of law or both, after a verdict by a jury, the approval of the report of a referee, or a decision by the court.”
Heirshberg v. Slater, 833 P.2d 269 (Okla. 1992).
· cites it 5× “” Title 12 O.S.1981 § 651 provides in pertinent part: "A new trial is a reexamination in the same court, of an issue of fact, or of law, either or both, after a verdict by a jury, the approval of the report of a referee, or a decision by the court.”
Sellers v. Oklahoma Publ'g Co., 687 P.2d 116 (Okla. 1984).
· cites it 3× “We note that the language of plaintiff’s amended motion to reconsider is *119 clearly based on the statutory language of 12 O.S.1981, § 651, which enumerates the grounds for a motion for new trial.”
Bushert v. Hughes, 912 P.2d 334 (Okla. 1996).
· cites it 4× “It was filed within ten days of the jury verdict's entry and is rested on grounds available to the movant under the terms of 12 O.S.1991 § 651. See Schepp v. Hess, Okl.”
Akin v. Missouri Pac. R.R., 1998 OK 102 (Okla. 1998).
· cites it 2× “¶ 34 The statutory grounds upon which a party may seek a new trial are set forth in Title 12 O.S.1991 § 651. 70 Under that section, a decision by the trial court which is contrary to law requires a new trial, but only if the decision materially affected the substantial rights of…”
Medlock v. Admiral Safe Co., Inc., 2005 OK CIV APP 72 (Okla. Civ. App. 2005).
· cites it 4× “They also alleged two other 12 O.S.2001 § 651 grounds for new trial, which they have abandoned on appeal.”
Reeds v. Walker, 2006 OK 43 (Okla. 2006).
“[3] Although summary judgment, which is a determination that there shall be no trial at all, is perhaps semantically inconsistent with the notion of a "new trial," it is nevertheless authorized by our statutory scheme for postjudgment relief as a motion for reconsideration of…”
Okla. Stat. tit. 12, § 651(1): 7 cases
Beyrer v. The Mule, 2021 OK 45 (Okla. 2021).
“Misconduct of the jury or a prevailing party; 12 O.S.2011, § 651. A motion for a new trial may be based upon misconduct of the jury "affecting materially the substantial rights of a party.”
Okla. Stat. tit. 12, § 651(2): 3 cases
Beyrer v. The Mule, 2021 OK 45 (Okla. 2021).
“Misconduct of the jury or a prevailing party; 12 O.S.2011, § 651. A motion for a new trial may be based upon misconduct of the jury "affecting materially the substantial rights of a party.”
Okla. Stat. tit. 12, § 651(4): 3 cases
Okla. Stat. tit. 12, § 651(4)(6): 1 case
Okla. Stat. tit. 12, § 651(6): 5 cases
Indep. Sch. Dist. 52 v. Hofmeister, 2020 OK 56 (Okla. 2020).
“¶14 A "motion to reconsider" does not technically exist within Oklahoma's statutory nomenclature, this Court looks to the content and substance of a motion rather than its title to determine how the motion is treated, and a motion to reconsider may be treated as a motion for a…”
Okla. Stat. tit. 12, § 651(7): 3 cases
Heirshberg v. Slater, 833 P.2d 269 (Okla. 1992).
“” Title 12 O.S.1981 § 651 provides in pertinent part: "A new trial is a reexamination in the same court, of an issue of fact, or of law, either or both, after a verdict by a jury, the approval of the report of a referee, or a decision by the court.”
Okla. Stat. tit. 12, § 651(9): 5 cases
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