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🪜civil procedure review

Motion for a new trial

Written by the Fiveable Content Team • Last updated September 2025
Written by the Fiveable Content Team • Last updated September 2025

Definition

A motion for a new trial is a request made to a court for the reversal or modification of a judgment, seeking to have the case retried due to errors that occurred during the original trial. This motion can arise from various grounds such as procedural mistakes, newly discovered evidence, or juror misconduct. It serves as an important safeguard in ensuring that trials are fair and just, allowing parties to rectify issues that may have impacted the outcome of their case.

5 Must Know Facts For Your Next Test

  1. A motion for a new trial must be filed within a specific time frame after the judgment is entered, usually within 28 days, depending on jurisdiction.
  2. Common grounds for filing this motion include juror misconduct, newly discovered evidence that could not have been found before, or significant errors in applying the law during the trial.
  3. If granted, a new trial means the case will be retried as if the previous trial had never happened, which can lead to different outcomes.
  4. In some jurisdictions, a judge may grant a new trial on their own initiative if they believe the verdict is against the weight of the evidence.
  5. Filing a motion for a new trial does not automatically stay enforcement of the original judgment; parties may need to file for a stay separately.

Review Questions

  • What are some common grounds for filing a motion for a new trial, and how might they impact the legal process?
    • Common grounds for filing a motion for a new trial include juror misconduct, newly discovered evidence, and significant legal errors during the trial. These factors can greatly impact the legal process by potentially altering the outcome of the case. For instance, if juror misconduct is proven, it can undermine the integrity of the verdict and warrant a retrial. Similarly, newly discovered evidence may present new arguments that could change how the case is viewed in light of additional facts.
  • Explain the procedure and timeline for filing a motion for a new trial after a judgment is entered.
    • Once a judgment is entered, parties generally have a specific timeframe within which they must file a motion for a new trial. This is usually 28 days but can vary by jurisdiction. The motion must clearly outline the grounds on which it is based and include any relevant evidence or documentation. After filing, there may be hearings where both parties present their arguments before the judge decides whether to grant or deny the motion.
  • Assess how granting a motion for a new trial reflects on the judicial system's commitment to fairness and justice.
    • Granting a motion for a new trial underscores the judicial system's dedication to ensuring that trials are fair and just outcomes are achieved. It serves as an important corrective mechanism that allows courts to address potential errors that could have adversely affected the verdict. By allowing for retrials in cases where significant issues arise, the system aims to uphold integrity and trust in legal proceedings. This reflects an acknowledgment that mistakes can occur and emphasizes the importance of correcting them to ensure that justice prevails.