Oakland Raiders v. National Football League

Opinion

KENNARD, J.

Code of Civil Procedure section 657 (hereafter section 657) requires that an order granting a new trial specify not only the ground for the order but also “the court’s reason or reasons for granting the new trial upon each ground stated.” Here, the trial court granted plaintiff The Oakland Raiders’ motion for a new trial on the ground of jury misconduct, but the court failed to set out the required specification of reasons for granting a new trial based on jury misconduct.

Although ordinarily an order granting a new trial is reviewed only for abuse of discretion, the Court of…