What is required for a new trial to be granted?
As the general premise is that a judgment or a decision that is legally binding cannot be appealed, the granting of a new trial requires something very special. One example is important new circumstances or previously unknown evidence coming to light after a decision in a case has been given. Thus, for an application for a new trial to be granted, it must, as a rule, be shown that the outcome of the case would have been different if the new details had been known to the court when reaching the initial decision. Normally, there also has to be a valid reason for the new details not having been presented in the course of the normal processing of the case. However, where an application in a criminal case is made by or for the sentenced party, a valid reason is not required. Chapter 58 of the Code of Judicial Procedure sets out further exceptional cases for granting a new trial.
The Supreme Court grants only an extremely small percentage of all new trial applications it receives.