Estate of Javornik

The state contends the trial court abused its discretion in reopening the case for additional testimony because the grounds for such a request did not comply with the requirements for granting a new trial. The state views the rehearing as a new trial but it is clear from the record that the second hearing was a continuation of the first hearing because only additional proof was adduced and there was no resubmission of evidence. A new trial may be granted under sec. 270.49 (1), Stats., in the interests of justice for several reasons, one of them being when material evidence which is likely to…