On motion, the aggrieved party may have an adverse verdict, decision, or report or some portion thereof vacated and a new trial granted if any of the following causes materially affected movant's substantial rights:
1. 1004(1) Irregularity in the proceedings of the court, jury, master, or prevailing party; or any order of the court or master or abuse of discretion which prevented the movant from having a fair trial.1. 1004(2) Misconduct of the jury or prevailing party.1. 1004(3) Accident or surprise which ordinary prudence could not have guarded against.1. 1004(4) Excessive or inadequate damages appearing to have been influenced by passion or prejudice.1. 1004(5) Error in fixing the amount of the recovery, whether too large or too small, in an action upon contract or for injury to or detention of property.1. 1004(6) That the verdict, report or decision is not sustained by sufficient evidence, or is contrary to law.1. 1004(7) Material evidence, newly discovered, which could not with reasonable diligence have been discovered and produced at the trial.1. 1004(8) Errors of law occurring in the proceedings, or mistakes of fact by the court.1. 1004(9) On any ground stated in rule 1.1003, the motion specifying the defect or cause giving rise thereto.Report 1943; amendment 1945; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002