I. INTRODUCTION
A. Direct Attack.
1. [§1] Nature and Significance of Concept.
2. Methods of Direct Attack.
(a) [§2] In Trial Court.
(b) [§3] In Reviewing Court.
(c) [§4] Coram Nobis and Coram Vobis.
3. [§5] Presumption of Jurisdiction.
B. Collateral Attack.
1. [§6] Nature and Significance of Concept.
2. Illustrations.
(a) [§7] Subsequent Action.
(b) [§8] Subsequent Motion.
(c) [§9] Trial Court's Own Motion.
(d) [§10] Collateral Attack in Reviewing Court.
3. Limitation: Presumption of Jurisdiction.
(a) [§11] In General.
(b) [§12] Lack of Jurisdiction Shown by Record.
(c) Exception: Showing by Extrinsic Evidence.
(1) [§13] Waiver.
(2) [§14] Foreign Judgment.
(3) [§15] Judgment Against Dead Person or Dissolved Corporation.
(d) [§16] Court of Limited or Special Jurisdiction.
4. [§17] Other Limitations.
II. MOTION FOR NEW TRIAL
A. In General.
1. [§18] Nature and Object of Motion.
2. [§19] Statutory Grounds Exclusive.
3. [§20] Statutory Procedure Mandatory.
4. [§21] Necessity for Objection.
5. Proceedings in Which New Trial May Be Had.
(a) [§22] In General.
(b) [§23] Decision Without Trial of Facts.
(c) [§24] Exception: Complete Statutory Plan Excluding Motion.
B. Grounds.
1. Irregularity in Proceedings.
(a) [§25] Nature of Ground.
(b) [§26] Misconduct of Court, Counsel, or Adverse Party.
(c) [§27] Irregularities in Formation of Jury.
2. [§28] Misconduct of Jury.
3. Accident or Surprise.
(a) [§29] Nature of Ground.
(b) [§30] Conditions.
4. Newly Discovered Evidence.
(a) [§31] Nature of Ground.
(b) Conditions.
(1) [§32] Newly Discovered.
(2) [§33] Material.
(3) [§34] Diligence.
5. Excessive or Inadequate Damages.
(a) [§35] Former Law.
(b) [§36] Revised Statute.
(c) [§37] Appellate Review Contrasted.
6. Insufficient Evidence.
(a) [§38] Nature of Ground.
(b) [§39] Power and Duty To Weigh Evidence.
(c) [§40] Other Forms of Review Contrasted.
(d) [§41] Motion After Successive Trials.
7. Verdict or Decision Against Law.
(a) [§42] Nature of Ground.
(b) [§43] Improper Verdict.
(c) [§44] Defective Statement of Decision or Failure To Resolve Issue.
8. [§45] Error in Law.
9. [§46] Other Statutory Grounds.
C. Procedure.
1. Necessity of Motion.
(a) [§47] No New Trial on Court's Own Motion.
(b) [§48] Distinction: Inherent Power To Vacate Order.
(c) [§48A] (New) Distinction: Motion for Relief Consistent With Motion for New Trial.
2. Notice of Motion.
(a) Form.
(1) [§49] Statutory Requirements.
(2) [§50] Failure To Designate Minutes or Affidavits.
(3) [§51] Other Defects.
(b) [§52] Service on Adverse Party.
(c) [§53] Filing Fee.
(d) Time.
(1) [§54] In General.
(2) [§55] Late Filing Void.
(3) Before Entry of Judgment.
(aa) [§56] After Decision.
(bb) [§57] What Constitutes Decision.
(cc) [§58] Premature Notice Ineffective.
(dd) [§59] Distinction: Mistrial or Retrial of Issue.
(4) Fifteen Days After Notice of Entry of Judgment.
(aa) [§60] Notice of Entry by Clerk.
(bb) Notice of Entry by Party.
(i) [§61] Nature and Purpose of Notice.
(ii) [§62] Form of Notice.
(iii) [§63] Waiver of Notice.
(cc) [§64] Commencement and Running of Period.
(5) [§65] Fifteen Days After Other Party's Notice of Motion.
(6) [§66] One Hundred Eighty Days After Entry of Judgment.
3. [§67] Affidavits and Counteraffidavits.
4. [§68] Points and Authorities.
5. Hearing and Determination.
(a) [§69] Notice of Hearing.
(b) [§70] Determination on Notice Alone.
(c) [§71] Evidence and Argument.
(d) [§72] No Oral Testimony.
(e) Same or Different Judge.
(1) [§73] Trial Judge.
(2) [§74] New Judge.
(f) Time for Determination: Sixty Days.
(1) [§75] In General.
(2) [§76] Commencement of Period.
(3) [§77] Extensions.
(4) [§78] Time Jurisdictional.
(5) [§79] Failure To Meet Deadline.
6. Order.
(a) Unconditional Order Granting New Trial.
(1) [§80] In General.
(2) Specification of Grounds.
(aa) [§81] In General.
(bb) [§82] Liberal Approach.
(cc) [§83] Importance of Statutory Language.
(3) Failure To Specify Ground.
(aa) [§84] No Nunc Pro Tunc Correction.
(bb) [§85] Correction by Stipulation.
(cc) [§86] Reliance on Other Grounds.
(4) Specification of Reasons.
(aa) [§87] Nature and Purpose of Statute.
(bb) [§88] Written Specification Required.
(cc) [§89] Preparation by Judge.
(dd) [§90] Time for Specification.
(ee) Insufficiency of Evidence.
(i) [§91] General Principles.
(ii) [§92] Ultimate Facts Theory.
(iii) [§93] Rejection of Ultimate Facts Theory.
(iv) [§94] Proper Specifications.
(v) [§95] Where Judge Disbelieves Witness or Testimony.
(ff) Excessive or Inadequate Damages.
(i) [§96] In General.
(ii) [§97] Punitive Damages.
(gg) [§98] Other Grounds.
(5) Failure To Specify Reasons.
(aa) [§99] Substantial Compliance Unacceptable.
(bb) [§100] No Nunc Pro Tunc Correction.
(cc) [§101] Remedy of Aggrieved Party.
(6) Review of Order Lacking Specification.
(aa) [§102] Statutory Rules.
(bb) [§103] Ground of Evidence or Damages.
(cc) [§104] Other Grounds.
(dd) [§105] Burden To Supply Adequate Record.
(b) Modification of Judgment After Court Trial.
(1) [§106] Nature of Power.
(2) [§107] Scope of Power.
(3) [§108] Procedure.
(4) Interpretation of Order.
(aa) [§109] Granting Treated as Denial.
(bb) [§110] Order Directing Reopening of Case.
(cc) [§111] Motion To Vacate Distinguished.
(5) [§112] Exception: New Judge and Conflicting Evidence.
(c) Partial New Trial on Particular Issues.
(1) [§113] Nature of Power.
(2) Issue of Damages in Tort.
(aa) [§114] In General.
(bb) [§115] Improper Where Compromise Verdict.
(3) [§116] Other Issues.
(4) Judge's Power To Make Unlimited Order.
(aa) [§117] Former View: Moving Party Controls.
(bb) [§118] Authority To Disregard Limited Motion.
(5) [§119] Interpretation of Order.
(d) Conditional Order.
(1) In General.
(aa) [§120] Nature and Forms.
(bb) [§121] Operation and Effect.
(cc) [§122] Specification Requirement.
(dd) [§123] Interpretation of Order.
(ee) [§124] Compliance After Expiration of Jurisdictional Time Limit.
(2) Remission Where Damages Excessive.
(aa) [§125] Nature of Remittitur.
(bb) [§126] Improper To Reapportion Liability.
(cc) [§127] Form of Order.
(dd) [§128] Effect of Failure To Remit.
(3) Addition Where Damages Inadequate.
(aa) [§129] Former Rule Denying Power.
(bb) [§130] Judicial Recognition of Power.
(cc) [§131] Statutory Authorization.
(dd) [§132] Scope of Additur.
(ee) [§133] Procedure.
7. Effective Date of Order.
(a) [§134] Minute Entry or Signed Order.
(b) [§135] Permanent Minutes.
8. [§136] Effect of Order.
9. Review of Order.
(a) [§137] Invalid Order.
(b) Order Granting New Trial.
(1) [§138] Appeal and Cross‑Appeal.
(2) Scope of Review.
(aa) [§139] In General.
(bb) [§140] Order Based on Insufficient Evidence or Excessive or Inadequate Damages.
(3) [§141] Necessity of Error and Prejudice.
(4) [§142] Waiver or Estoppel.
(5) Discretion of Trial Judge.
(aa) [§143] Discretion Upheld.
(bb) [§144] Discretion Abused.
(c) Order Denying New Trial.
(1) [§145] Order Not Directly Appealable.
(2) [§146] Review on Appeal from Judgment.
III. MOTION TO VACATE AND ENTER DIFFERENT JUDGMENT
A. [§147] Nature and Grounds.
B. [§148] Motion for New Trial Distinguished.
C. [§149] Notice of Motion.
D. [§150] Hearing and Determination.
E. [§151] Review on Appeal.
IV. MOTION FOR RELIEF FROM DEFAULT
A. In General
1. [§152] Nature of Relief.
2. Scope of Statute.
(a) Actions and Proceedings.
(1) [§153] Availability of Relief.
(2) [§154] Exceptions.
(b) Procedural Steps.
(1) [§155] In General.
(2) [§156] Relief From Discovery Default.
3. Persons Entitled to Relief.
(a) [§157] Party or Representative of Party.
(b) [§158] Relief to Plaintiff.
B. Grounds for Relief.
1. [§159] Fraud.
2. [§160] Mistake of Fact.
3. Mistake of Law.
(a) [§161] In General.
(b) [§162] Cases Upholding Relief.
(c) [§163] Cases Denying Relief.
4. Neglect of Party.
(a) [§164] In General.
(b) [§165] Disability.
(c) [§166] Accident or Inadvertence.
5. Neglect of Attorney.
(a) Excusable Neglect.
(1) [§167] Office Practice or Press of Business.
(2) [§168] Reliance on Opposing Counsel.
(3) [§169] Reliance on Court Officers.
(4) [§170] Reliance on Other Persons.
(5) [§171] Illness or Mental Disturbance.
(6) [§172] Other Situations.
(b) Inexcusable Neglect.
(1) [§173] Failure To Plead or File Paper.
(2) [§174] Failure To Appear.
(3) [§175] Attorney Negligence as Excuse for Client.
C. Procedure.
1. [§176] Necessity of Motion.
2. Notice of Motion.
(a) [§177] Form and Content.
(b) Jurisdictional Time.
(1) [§178] Period: Six Months.
(2) [§179] When Time Begins To Run.
(3) [§180] Shortening Time in Property Action.
(c) [§181] Reasonable Time.
3. Showing in Support of Motion.
(a) [§182] Proof of Excuse and Diligence.
(b) [§183] Copy of Proposed Pleading.
(c) [§184] No Affidavit of Merits Required.
4. Order.
(a) [§185] Entry and Effect.
(b) Conditions.
(1) [§186] Nature and Purpose.
(2) [§187] Invalid Conditions.
(3) [§188] Statement of Reasons.
(c) [§189] Fees, Costs, and Penalties.
5. Review of Order.
(a) [§190] Appeal and Mandamus.
(b) Order Granting Relief.
(1) [§191] Affirmance.
(2) [§192] Reversal.
(c) Order Denying Relief.
(1) [§193] Reversal.
(2) [§194] Affirmance.
D. Mandatory Relief on Attorney's Affidavit.
1. [§195] Development of Requirement.
2. [§196] Nature and Scope of Relief.
2A. (New) Where Relief Is Not Available.
(a) [§196A] (New) Order Granting Summary Judgment.
(b) [§196B] (New) Dismissal Caused by Failure To Comply With Statute of Limitations.
(c) [§196C] (New) Voluntary Dismissal Resulting From Settlement.
(d) [§196D] (New) Order Following Evidentiary Hearing.
(e) [§196E] (New) Judgment Entered on Arbitration Award.
3. [§197] Time Limit.
4. [§198] Diligence.
5. [§199] Conditions Prohibited.
6. [§200] Mandatory Payment by Attorney.
E. Relief From Void Judgment.
1. [§201] In General.
2. [§202] Judgment Void on Its Face.
3. Judgment Valid on Its Face.
(a) [§203] No Jurisdiction of Person.
(b) [§204] Timeliness of Motion.
4. [§205] Stipulated Judgment.
F. Default Judgment on Constructive Service.
1. Nature of Relief
(a) [§206] Former Statute.
(b) [§207] Current Statute.
2. Defendant's Knowledge Precludes Relief.
(a) [§208] Statutory Rule.
(b) [§209] Strict Construction of "Actual Notice."
3. Procedure.
(a) [§210] Time Limits on Motion.
(b) [§211] Notice of Motion.
(c) [§212] Order.
(d) [§213] Monetary Sanctions Prohibited.
V. EQUITABLE RELIEF AGAINST JUDGMENT
A. Nature of Remedy.
1. Relief by Action.
(a) [§214] In General.
(b) [§215] Scope of Relief.
(c) Jurisdiction of Courts.
(1) [§216] In General.
(2) [§217] Probate Court.
(d) [§218] Parties Entitled to Relief.
2. Relief by Motion.
(a) [§219] Propriety of Remedy.
(b) [§220] Not Prerequisite to Action.
(c) [§221] Effect of Denial of Motion.
B. Grounds for Relief.
1. [§222] Void Judgment.
2. Judgment Obtained by Extrinsic Fraud.
(a) [§223] In General.
(b) Fraud Preventing Appearance or Contest.
(1) [§224] In General.
(2) [§225] Probate Proceedings.
(3) [§226] Nonfiduciary Cases.
(c) Fraud Preventing Knowledge of Right.
(1) [§227] In General.
(2) Husband and Wife Cases.
(aa) [§228] General Principles.
(bb) [§229] Cases Finding Extrinsic Fraud.
(cc) [§230] Cases Finding No Extrinsic Fraud.
3. Judgment Obtained by Extrinsic Mistake.
(a) [§231] In General.
(b) [§232] Incapacity of Attorney or Party.
(c) [§233] Reliance on Third Person.
(d) Reliance on Negligent Attorney.
(1) [§234] Development of Theory.
(2) [§235] Positive Misconduct.
4. [§236] Judgment Obtained by Duress.
C. Conditions of Relief.
1. Meritorious Case.
(a) [§237] Extrinsic Fraud or Mistake.
(b) [§238] Void Judgment.
2. Excuse and Diligence.
(a) [§239] In General.
(b) [§240] Diligence Shown.
(c) [§241] Diligence Not Shown.
D. No Relief for Intrinsic Fraud.
1. [§242] Rule Denying Relief.
2. [§243] Illustrations.