Short answer. The original judgment or final order is vacated and the case goes to trial de novo. But testimony already recorded from the earlier trial may still be used at the new trial, so far as it is material and competent, without having to retake it.
What the law says
If a new trial is granted in accordance with the provisions of this Rule, the original judgment or final order shall be vacated, and the action shall stand for trial de novo; but the recorded evidence taken upon the former trial, in so far as the same is material and competent to establish the issues, shall be used at the new trial without retaking the same.
Rule 37, Section 6 — Effect of granting of motion for new trial. Read the full provision →
The judgment is vacated and the case is tried anew
Once a new trial is granted in accordance with Rule 37, the original judgment or final order is vacated and no longer stands as the resolution of the case. The action then stands for trial de novo, which means the case is heard again as though it had not been tried before, at least as to whatever the new trial is meant to cover.
Old testimony is not automatically wasted
The rule carves out a practical exception to that fresh start: the evidence that was recorded at the former trial, so far as it is material and competent to establish the issues in the case, may still be used at the new trial without having to be taken all over again. This means witnesses who already testified do not necessarily have to be recalled to repeat testimony that remains relevant and was not itself the problem with the earlier trial.
Why this balance makes sense
A new trial exists to correct whatever actually went wrong with the case, not to force the parties to re-present every piece of testimony that was never really in question. By letting the earlier, still-valid record carry over, the rule keeps the retrial focused on what needs fixing and avoids the added expense and delay of needless repetition. It also spares witnesses, particularly ones whose earlier testimony was never disputed, from having to appear and testify all over again about matters that remain settled.
What still has to be decided fresh
The carve-over for recorded evidence covers testimony that is material and competent to the issues; it does not mean the court's ultimate findings and conclusions from the first trial survive along with it. Trial de novo means the fact-finding and legal determinations themselves start over, with the court weighing the carried-over testimony together with whatever new evidence the parties present, rather than simply adopting the vacated judgment's original conclusions.
Related provisions
- Rule 37, Section 6 — Effect of granting of motion for new trial
- Rule 37, Section 7 — Partial new trial or reconsideration