Art. 1975.Application For New Trial; Verifying Affidavit

Article 1975 sets two requirements for how a motion for new trial must be presented. First, the motion must set forth the grounds on which it rests — the moving party cannot ask for a new trial without saying why, but must identify which peremptory or discretionary ground supports the request.

Second, when the motion invokes newly discovered evidence or jury bribery or misconduct, the two peremptory grounds in Article 1972(2) and (3), the factual allegations behind that ground must be verified by the applicant's affidavit. Both grounds depend on facts that lie outside the trial record itself — what evidence has surfaced since trial, or what happened during jury deliberations — so the article requires the moving party to swear to those facts rather than merely assert them in the motion.

The verification requirement does not extend to Article 1972's first peremptory ground, that the verdict or judgment is clearly contrary to the law and the evidence, because that ground is argued from the trial record the court already has before it, not from facts the moving party must establish independently.