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Practice And Procecdure—Rule 16—Grounds For Granting New Trial, Raymond H. Siderius
Practice And Procecdure—Rule 16—Grounds For Granting New Trial, Raymond H. Siderius
Washington Law Review
P sued D for malpractice. After a verdict for P, the trial court granted D's motion for new trial, citing Rule 16, sub. 9 of the General Rules of the Superior Court, 34A Wn2d 117, i.e., "substantial justice has not been done." The court listed in the order granting the new trial the following reasons: insufficient evidence of negligence, prejudice of a juror, statements of P's counsel tending to prejudice the. jury against D, speed of the verdict, consideration of the entire record and proceedings, and appearance and demeanor of witnesses. P appealed. Held: reversed and judgment for P according …
Rules On Appeal—Time For Filing Statement Of Facts Where Motion For New Trial Pending After Entry Of Judgment, Joanne Bailey
Rules On Appeal—Time For Filing Statement Of Facts Where Motion For New Trial Pending After Entry Of Judgment, Joanne Bailey
Washington Law Review
In a civil action tried to the court, judgment was entered immediately after the findings of fact were filed, and D moved for a new trial. Before the motion was ruled upon, he perfected an appeal. The motion was later denied, after which D gave a second notice of appeal. His statement of facts was served 125 days after the entry of judgment and forty-six days after the denial of the motion. P moved to strike the statement of facts, contending that the time for filing and serving the statement had expired ninety days after the date of entry of …