Klundt v. Carothers

SHEPARD, Justice.

This is an appeal by defendant-appellant Anchor Ranches, Inc. from an order of the district court for a new trial. Following trial, the district court sua sponte ordered a new trial on the basis that it had committed “serious error” at trial in excluding certain evidence.

A district court may, upon its own initiative, grant a new trial for any reason that a new trial could be granted upon motion of a party. I.R.C.P. 59(d). An order granting a new trial is appealable, I.C. § 13-201; however, we have repeatedly held that the granting of a new trial is a matter committed to the…