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Monograph Series · Third series › Part IV Finality, appeal and the correction of error › III-28 · First edition

The Limits of Civil Retrial: Grounds for Reopening a Final and Conclusive Judgment

What grounds must exist before a final and conclusive judgment believed to be wrong is reopened?

Part
Part IV Finality, appeal and the correction of error
Sections
6 sections
Length
about 27,400 words · 1 h 59 min
As of
2026-10-15
Volume contents
  1. Abstract
  2. Synthetic case
  3. 01Grounds for Reopening a Final and Conclusive Judgment
  4. 02Grounds Known but Left Unraised
  5. 03The Prior Determination Required for Allegations of a Crime
  6. 04The Period and Exclusions from Its Application
  7. 05Defects in the Underlying Decision
  8. 06Recognition of a Ground and Change of Outcome

Abstract

This volume asks what grounds must exist before a final and conclusive judgment believed to be wrong is reopened. A civil retrial must pass through the statutory grounds and period, and the new-evidence standard of criminal retrial cannot be transposed as is. Cases in which a ground exists but the outcome is nonetheless just must be separated out. The path to relief opens where the statutory ground for retrial, the requirement of a prior final determination, and the period or an exception to it are satisfied and the justness of the outcome of the original judgment can also be reheard, and closes where there is no statutory ground, or the restriction on grounds not asserted on appeal or the period limitation applies with no applicable exception, and only a mere new grievance remains. The six sections address, in turn, the grounds for reopening a final and conclusive judgment, grounds known but left unraised, the prior determination required for allegations of a crime, the period and exclusions from its application, defects in the underlying decision, and the recognition of a ground and the change of outcome. The strongest counterargument is as follows. A gap in relief remains for serious misjudgments falling outside the enumerated grounds. The novelty and clarity requirements of criminal retrial and the management of challenge schedules are not addressed in this volume.

Synthetic case

The whole volume follows this invented case. It is not a real matter, and its facts are not legal findings.

Plaintiff A obtained a new document after the final and conclusive judgment, but cannot yet explain which ground for civil retrial the document falls under.

6 sections and their questions

  1. 01Grounds for Reopening a Final and Conclusive Judgment

    Can a retrial be sought merely on the belief that a judgment is unjust?

    20 min
  2. 02Grounds Known but Left Unraised

    Can a ground that could have been contested on appeal be saved for a retrial?

    21 min
  3. 03The Prior Determination Required for Allegations of a Crime

    Does an assertion of forgery or a false statement immediately constitute a ground for retrial?

    20 min
  4. 04The Period and Exclusions from Its Application

    Is the same period applied mechanically to every retrial?

    21 min
  5. 05Defects in the Underlying Decision

    What if a decision on which the final judgment was based also has a defect?

    19 min
  6. 06Recognition of a Ground and Change of Outcome

    If a ground for retrial is recognized, must the original judgment necessarily be overturned?

    19 min
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