What Is a Motion for a New Trial?

A motion for a new trial is a formal request made by a party to a legal case, usually after a verdict or judgment has been entered, asking the court to set aside the decision and order a new trial. The motion may be based on various grounds, such as newly discovered evidence, errors in law or procedure, or misconduct by the jury or one of the parties. A motion for a new trial is typically filed in the same court that heard the original case and must comply with specific rules and procedures established by that court. In many jurisdictions, a motion for a new trial is a prerequisite for appealing a decision to a higher court.

A motion for new trial requests “a re-examination of an issue of fact in the same court after a trial and decision by a jury, court, or referee.” (Code Civ. Proc., § 656; Guzman v. Superior Court (1993) 19 Cal.App.4th 705, 707-708.) Motions for a new trial are governed by Code of Civil Procedures sections 656 and 657. According to § 657… (continue reading)

Florida Rule of Civil Procedure 1.530 provides for motions for new trial or motions for rehearing. There is no authorization for motions for rehearing on motions for new trials. (Abram v. Wolicki (2003) 864 So. 2d 18, 19-20 citing…) (continue reading)

Following a bench trial, “upon the motion of any party or on its own initiative, the court may set aside its decision or any judgment entered thereon,” and “[i]t may make new findings of fact or conclusions of law, with or without taking additional testimony, render a new decision and direct entry of judgment, or it may order a new trial of a cause of action or separable issue.” (CPLR §4404) Explore New York's Motion for a New Trial, Generally Rules

CPLR 4402 of the New York Consolidated Laws provides a vehicle for the court to grant a Motion for Continuance or New Trial during trial. "At any time during the trial, the court, on motion of any party, may order a continuance or a new trial in the interest of justice on such terms as may be just." (N.Y. C.P.L.R. 4402.) The motion is granted, in the discretion of the court, "when it appears that owing to some accident or surprise, defect of proof, unexpected and difficult questions of law, or… Explore New York's Motion for Continuance or New Trial Rules

A motion for a new trial is usually filed by the defendant after a conviction. (Tex. R. App. P. Rule 21.) The motion seeks to set aside the guilty verdict and have a rehearing. (Id.) When a motion for new trial is filed, the trial court can grant or deny the motion by written order or allow the motion to be denied by operation of law after… Explore Texas's Motion for a New Trial, Generally Rules