126Order of the Court for new trial

#### 126 Order of the Court for new trial 126 Order of the Court for new trial > > (1) The Court in its discretion may, after judgment in an action, order that a new trial of the action be had if— > > > > > (a) the parties to the action consent, or > > > > > (b) the action is tried with a jury and on the day on which the jury gives its verdict in the action a party to the action— > > > > > > > (i) in the presence of the other party, or > > > > > > > (ii) in the absence of the other party but after such notice as the Court thinks reasonable has been given to the other party, > > > > > > makes application for the order, or > > > > > (c) the action is tried without a jury and a party to the action— > > > > > > > (i) in the presence of the other party and on the day on which judgment in the action is given, or > > > > > > > (ii) in the absence of the other party but after such notice as the Court thinks reasonable has been given to the other party and, in any case, within 21 days after judgment in the action is given, > > > > > > makes application for the order. > > > (2) The Court may, before judgment in an action and if no verdict in the action has been entered, order, on sufficient cause being shown, that the hearing of the action be discontinued and that a new trial be had. > > > (3) This section does not limit the operation of section 127A. > > **s 126:** Am 1997 No 47, Sch 3 \[1\]; 2008 No 53, Sch 12 \[1\].