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High court reverses denial of new trial
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Posted on Dec 17 2019
The NMI Supreme Court has reversed a Superior Court order that denied Atkins Kroll (Saipan) Inc.’s bid for a new trial in a small claims case.
In its opinion in Atkins Kroll (Saipan), Inc. v. Primo Ferrera Jr. that was issued Friday, Dec. 13, 2019, the high court ruled that Atkins Kroll is entitled to a new trial based on precedent and according to the NMI Rule of Civil Procedure.
Primo Ferrera Jr. entered into an agreement with Atkins Kroll to purchase a motor vehicle and failed to pay monthly installments. Atkins Kroll repossessed and resold the vehicle and sued Ferrera in small claims court for a deficiency judgment. The small claims judge ruled for Ferrera, finding Atkins Kroll failed to meet a notice requirement under CMC § 9504(3). Atkins Kroll appealed to the Superior Court, asserting it was entitled to a new trial. The Superior Court denied the appeal and affirmed the small claims court’s findings.
On appeal, Atkins Kroll claimed the court abused its discretion in denying a new trial.
The Supreme Court found that Atkins Kroll was entitled to a new trial under Chen’s Corp. v. Hambros and NMI Rule of Civil Procedure 83(j). Parties may request a new trial in the Superior Court on appeal from an adverse judgment in small claims, and amendments to the language of the Rules of Civil Procedure have not changed the substance of this process. Though granting a new trial is discretionary rather than as of right, here the court abused its discretion in denying a new trial since it prejudiced Atkins Kroll by denying it the opportunity to present additional evidence to show that it met the notice requirement.
The high court’s full opinion is available at http://cnmilaw.org/pdf/supreme/2019-MP-10.pdf. (PR)
