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The court may grant a motion for a new trial for several reasons:
- Fundamental error (including a judge's error of including or excluding evidence when it was improper, or when incorrect instructions burdening the wrong party are given).
- Error by counsel (including ex parte communication with a juror).
- Error by the parties (including ex parte communication with a juror).
- Newly discovered evidence.
- Insufficient evidence.
- Juror nondisclosure
Intentional juror nondisclosure occurs:
- When there exists no reasonable inability of a prospective juror to comprehend the information asked in a question.
- When a prospective juror actually remembers an experience, or it was of such significance that the juror's purported forgetfulness of an experience is unreasonable.
Nondisclosure of information may only occur after a clear question is asked on voir dire.