sec.770New trial

### sec.770 New trial If, on the hearing of an appeal, it appears to the Court of Appeal there ought to be a new trial, the Court of Appeal may set aside the decision and order a new trial. Unless the Court of Appeal considers some substantial wrong or miscarriage happened, a new trial may not be granted merely because— evidence was improperly rejected or admitted; or if the proceeding was tried with a jury— the jury was misdirected; or the verdict of the jury was not taken on a question that the judge at the trial was not asked to leave to the jury. A new trial may be ordered for a part of a decision without interfering with another part of the decision. The Court of Appeal may, in the order granting a new trial, give all necessary directions for the further conduct of the proceeding. (sec.770-ssec.1) If, on the hearing of an appeal, it appears to the Court of Appeal there ought to be a new trial, the Court of Appeal may set aside the decision and order a new trial. (sec.770-ssec.2) Unless the Court of Appeal considers some substantial wrong or miscarriage happened, a new trial may not be granted merely because— evidence was improperly rejected or admitted; or if the proceeding was tried with a jury— the jury was misdirected; or the verdict of the jury was not taken on a question that the judge at the trial was not asked to leave to the jury. (sec.770-ssec.3) A new trial may be ordered for a part of a decision without interfering with another part of the decision. (sec.770-ssec.4) The Court of Appeal may, in the order granting a new trial, give all necessary directions for the further conduct of the proceeding. - (a) evidence was improperly rejected or admitted; or - (b) if the proceeding was tried with a jury— (i) the jury was misdirected; or (ii) the verdict of the jury was not taken on a question that the judge at the trial was not asked to leave to the jury. - (i) the jury was misdirected; or - (ii) the verdict of the jury was not taken on a question that the judge at the trial was not asked to leave to the jury. - (i) the jury was misdirected; or - (ii) the verdict of the jury was not taken on a question that the judge at the trial was not asked to leave to the jury.