What is the standard of review for a motion for a new trial?
California, United States of America
The following excerpt is from Lewis, Miller & Co. v. Carrick, H038152 (Cal. App. 2013):
The standard of review of an order on a new trial motion is the deferential abuse of discretion standard. (Sherman v. Kinetic Concepts, Inc. (1998) 67 Cal.App.4th 1152, 1160 (Sherman).) But in reviewing an order denying a new trial, we review the entire record and make an independent determination whether the error that is the basis of the new trial request was prejudicial. (Id. at pp. 1160-1161.)
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