New trial.
Section 145
SEC. 145. New trial. — At any time during the term at which an action has been tried in a Court of First Instance, the judge thereof may set aside the judgment and grant a new trial, upon such terms as may be just, on the application of the party aggrieved, and after due notice to the adverse party and hearing, for any of the following causes, materially affecting the substantial rights of such party: 1. Accident or surprise which ordinary prudence could not have guarded against, and by reason of which the party applying has probably been impaired in his rights; 2. Newly discovered evidence, material to the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial; 3. Because the judge has become satisfied that excessive damages have been awarded, or that the evidence was insufficient to justify the decision, or that it is against the law.