Silberman-Doney v. Gargan

I am an appellate judge. I was never a trial judge. When an experienced trial court judge grants a motion for a new trial pursuant to ORCP 64,1 must admit that I tend to review the record very, very carefully to understand why the trial court did so. In my review of the record, I conclude that the trial court granted the motion for a new trial due to several unusual events that, in the totality of the circumstances, convinced the trial court that there was an irregularity in the proceedings of the court that materially affected the substantial rights of plaintiff. ORCP 64 B(l). I would…