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Gateway Cmty. Serv. Bd. v. Bonati

The trial court erred in denying plaintiff's motion for new trial without first holding a hearing on the motion.

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In January 2015, the trial court entered a final judgment in favor of Frank Bonati on a petition for declaratory judgment filed by Gateway Community Service Board Gateway and in favor of Bonati on his counterclaims for damages and attorney fees. Gateway filed a motion for new trial, which the trial court denied. On appeal, Gateway claims, inter alia, that the trial court erred in failing to hold a hearing before denying its motion for new trial. We agree.

1. Uniform Superior Court Rule 6.3 requires, unless otherwise ordered by the court, that a motion for new trial in a civil action shall be decided by the trial court only after an oral hearing, even if the moving party does not request such a hearing.1 Where the trial court denies a motion for new trial in a civil case without issuing an order excepting the motion from this procedural case, and without holding the mandatory hearing, we must reverse the case and remand for the trial court to comply with Rule 6.3 before disposing of the motion.2

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