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P1531 The effect of an order granting a new trial is to leave the case at large, placing the parties in the same position as if the case had never been tried; following such an order, a party who chose not to pursue a particular claim at the first trial of an action may choose to pursue it at the second trial, and accordingly may notify the opposing party of expert witnesses to be called in support of that claim; pursuing a claim at the second trial is not inconsistent with the failure to pursue it at the first trial.CitationGORDON v NISSAN (Second Trial) 170 CA4 1103 [See: Hirano v Hirano 158 CA4 1, P/AT 1/08; Saakyan v Modern Auto 103 CA4 383; Guzman v Superior Court 19 CA4 705]
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