75.01. Judgments, Control by Trial Court

The trial court retains control over judgments during the thirty-day period after entry of judgment and may, after giving the parties an opportunity to be heard and for good cause, vacate, reopen, correct, amend, or modify its judgment within that time. Not later than thirty days after entry of judgment the court of its own initiative may order a new trial for any reason for which it might have granted a new trial on motion of a party, and every order granting a new trial shall specify the grounds therefor. After the filing of notice of appeal and before the filing of the record on appeal in the appellate court, the trial court, after the expiration of such thirty-day period, may still vacate, amend or modify its judgment upon stipulation of the parties accompanied by a withdrawal of the appeal.

The thirty-day period after entry of judgment for granting a new trial of the court's own initiative is not shortened by the filing of a notice of appeal but is terminated when the record on appeal is filed in the appellate court.

 

78.01. Granting a New Trial

The court may grant a new trial of any issue upon good cause shown. A new trial may be granted to all or any of the parties and on all or part of the issues after trial by jury, court or master. On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact or make new findings, and direct the entry of a new judgment.

 

78.02. New Trial - Against Weight of Evidence - Limitation

Only one new trial shall be allowed on the ground that the verdict is against the weight of the evidence.

 

78.03. Order Granting New Trial Shall Specify Grounds

Every order allowing a new trial shall specify of record the ground or grounds on which said new trial is granted.

 

78.04. After-Trial Motions - Time for Filing

Any motion for new trial and any motion to amend the judgment or opinion shall be filed not later than thirty days after the entry of judgment. Any motion for judgment notwithstanding the verdict shall be filed within the time provided in Rule 72.01.

 

78.05. After-Trial Motions, Including a Motion for a New Trial Based Upon Affidavits

When any after-trial motion, including a motion for new trial, is based on facts not appearing of record, affidavits may be filed which affidavits shall be served with the motion. The opposing party has 10 days after such service within which to serve opposing affidavits, which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation. The court may permit reply affidavits. Depositions and oral testimony may be presented in connection with after-trial motions.

 

78.06. When After-Trial Motion Overruled

Any motion for new trial, motion to amend the judgment or opinion, or motion for judgment notwithstanding the verdict is overruled for all purposes if the trial court does not rule on it within ninety days after the date the last such timely motion is filed.

In computing the ninety days, no day shall be counted during which the court lacks power to act because of an order of a superior state court or because of removal of the action.

 

78.08. New Trial - Plain Errors May Be Considered

Plain errors affecting substantial rights may be considered at a hearing on motion for a new trial, in the discretion of the court, though not raised in the motion or defectively raised, when the court finds that manifest injustice or miscarriage of justice has resulted therefrom.

 

Court may order a new trial, when.

510.370. Not later than thirty days after entry of judgment, the court of its own initiative may order a new trial for any reason for which it might have granted a new trial on motion of a party, and every order granting a new trial shall specify the grounds therefor.

 

Motion for new trial when based upon affidavits.

510.350. When a motion for new trial is based upon affidavits they shall be served with the motion. The opposing party has ten days after such service within which to serve opposing affidavits, which period may be extended for an additional period not exceeding twenty days either by the court for good cause shown or by the parties by written stipulation. The court may permit reply affidavits.

 

 

Granting of new trial.

510.330. A new trial may be granted for any of the reasons for which new trials have heretofore been granted. A new trial may be granted to all or any of the parties and on all or part of the issues after trial by jury, court or referee. On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact or make new findings, and direct the entry of a new judgment. Only one new trial shall be allowed on the ground that the verdict is against the weight of the evidence. Every order allowing a new trial shall specify of record the ground or grounds on which said new trial is granted.

 

Loveless v. Locke Distributing Co.
313 S.W.2d 24, 27
Mo. 1958
‘The court may award a new trial of any issue upon good cause shown and in any case where * * * the court is satisfied that perjury or mistake has been committed by a witness, and is also satisfied that an improper verdict or finding was occasioned by any such matters, and that the party has a just claim or defense, it shall, on motion of the proper party, grant a new trial, * * * .’

A.M.S. By and Through M.E.S. v. J.L.B.
723 S.W.2d 891
Mo.App. E.D. 1985.

The granting of a new trial on *892 the ground of perjury requires a showing that the witness willfully and deliberately testified falsely. Humfeld v. Langkop, 591 S.W.2d 251, 254 (Mo.App.1979).

 

 

Neal v. Kansas City Rys. Co.
229 S.W. 215, 219
Mo. 1921.

In order to grant a new trial on the ground of perjury which might materially affect the result, it would have to be shown that some material fact sworn to by the witness was false.