New Trial articles

In today's Appellate Zealots column in the DJ, Audra Ibarra presents New Trials and Untimely Affidavits, about Kabran v. Sharp Memorial Hospital (2017) 2 Cal.5th 330, which asks "Can a court order a new trial based on an untimely affidavit?" The answer is yes: A non-jurisdictional rule may be waived; the deadline to file a new trial affidavit is not jurisdictional.

Don't confuse Kabran with Gibran...

And GMSR's Laurie Hepler and Alana Rotter present Tips: Critical New Trial Motion Deadlines, outlining the deadlines for a moving party's notice of intent (typically 15 days after service of notice of entry), the trial court's order granting a new trial (typically 60 days after service of the notice of entry), and the trial court's explanation of reasons (i.e., within 10 days after the new trial order). They also address Kabran, concluding, "if your opponent files affidavits late: object in the trial court, or forever hold your peace."

And, to answer a question that never seems to go away, check out Evaluating Speculation that the Ninth Circuit is the Lower Court SCOTUS Overturns the Most, for "a deeper look at the question of the relative frequency with which the Supreme Court overturns decisions from the various federal courts of appeals."