MR in Criminal Cases | MR in Civil Cases |
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Either on motion of accused, or the court motu proprio with consent of the accused | Must be upon motion of a party, can’t be motu proprio |
Grounds for MR: – Errors of law – Errors of fact |
Grounds for MR: – Excessive damages – Insufficient evidence – Decision is contrary to law |
Filed any time before judgment of conviction becomes final | Filed within the period for taking an appeal |
When granted, the original judgment is always set aside or vacated and a new judgment rendered | There may be partial grant |
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