A. The application for a new trial by motion must be upon written grounds filed at the time of making the motion.
§ 654.Application, How Made - Affidavits
Chapter 11: Trial · Last amended November 1, 1999 · Last verified August 3, 2026
In one sentenceSection 654 requires a motion for new trial to rest on written grounds filed with the motion, requires a petition for new trial to follow Section 655, and requires affidavits to support, and lets affidavits controvert, the misconduct, surprise, newly discovered evidence, or record-impossibility grounds under Section 651.
Full Text of § 654
B. The application for a new trial by petition must be filed in conformance with Section 655 of this title. The causes enumerated in paragraphs 2, 3, 7, and 9 of Section 651 of this title must be sustained by affidavits, showing their truth, and may be controverted by affidavits.
Amendment History
R.L. 1910, § 5036; Amended by Laws 1999, SB 751, c. 293, §5, eff. 11/1/1999.
Plain-English Summary
Subsection A keeps a new trial motion grounded in specifics: the party must file written grounds at the time of making the motion, not argue informally and add reasons later.
Subsection B covers the petition route instead, filed under Section 655, and adds a proof requirement for four of Section 651's nine causes: misconduct, accident or surprise, newly discovered evidence, and the impossibility of preparing an appeal record. Those grounds must be backed by affidavits showing they're true, and the opposing party can respond with affidavits of its own.
Frequently Asked Questions
Do I need to state my grounds in writing when I move for a new trial?
Yes, Section 654(A) requires the application by motion to be upon written grounds filed at the time the motion is made.
Which grounds for a new trial require an affidavit?
Misconduct, accident or surprise, newly discovered evidence, and the impossibility of preparing an appeal record, the causes numbered 2, 3, 7, and 9 in Section 651.
Can the other side dispute my affidavit supporting a new trial ground?
Yes, Section 654(B) lets those grounds be controverted by affidavits from the other party.
Does a petition for new trial follow the same procedure as a motion?
No, a petition must be filed in conformance with Section 655, a separate procedure from the motion route in Section 654(A).
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: Oklahoma new trial affidavit requirement12 O.S. § 654written grounds motion for new trialaffidavit newly discovered evidence Oklahoma