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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Bernier v. Lombardi, 793 A.2d 201 (2002)

Citation
Bernier v. Lombardi, 793 A.2d 201 (2002)
Parent Document
Bernier v. Lombardi, 793 A.2d 201 (2002)
Jurisdiction
Rhode Island (state)
Effective Date
2002-03-27

Full Text

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Pursuant to Rule 59(a)(2) of the Superi- or Court Rules of Civil Procedure, a motion for a new trial may be granted “in an action tried without a jury, for any of the reasons for which rehearings have heretofore been granted in suits in equity in the courts of this state.” In its interpretation of this rule, this Court has held that a trial justice sitting without a jury may grant a new trial only, “(1) if there is an error in the judgment that is manifest on the face of the record without further examination of matters of fact or evidence; or (2) if the trial justice is satisfied that newly discovered evidence has come forward which was not available at the first trial and is of sufficient importance to warrant a new trial.” Anthony v. Searle, 681 A.2d 892, 898-99 (R.I.1996) (quoting Tillson v. Feingold,