LAW 522-001 – Civil Procedure II

Procedural Flaws


Procedural flaws are flaws in the procedure of a trial.

If a procedural flaw affects the result of the trial, the only way to correct it is to grant a new trial.

Examples
  • Newly discovered evidence
  • Improper conduct by counsel
  • Jury misconduct
    • Visiting the scene of the incident
    • Reading news about the incident
  • Error by the court
    • Improper jury instructions
    • Improperly admitting or denying evidence
    • Incorrect ruling of law