When the grounds for a new trial could not with reasonable diligence have been discovered before, but are discovered after the time when the verdict, report of referee, or decision was rendered or made, the application may be made by petition filed as in other cases, not later than after the discovery, on which notice shall be served and returned, and the defendant held to appear as in an original action. The facts stated in the petition shall be considered as denied without answer. The case shall be tried as other cases by ordinary proceedings, but no motion shall be filed more than one year after the final judgment was rendered.
RCW 4.76.080
Petition for new trial when discovery of grounds delayed.
Applied in 1 court decision — leading case 47 Wash. 2d 520 - Doss v. Schuller (1956)
Most recently applied in 47 Wash. 2d 520 - Doss v. Schuller (January 1956)
1955 c 44 s 1; Code 1881 s 437; 1875 p 21 s 2; RRS s 465.
Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.