Simple English definitions for legal terms
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A motion for new trial is a request made by a party after a trial has ended, asking the court to vacate the judgment and hold a new trial to review some or all of the issues from the previous trial. This can be done by any party, whether it was a trial by jury or a bench trial. The reasons for granting a motion for a new trial include significant legal errors, the verdict going against the weight of evidence, irregularities in the court proceedings, jury misconduct, newly discovered evidence, or improper damages. Sometimes, a court may order remittitur or additur instead of holding a new trial to address issues with damages. In some cases, a party must file a motion for a new trial to raise the issue on appeal.
A motion for new trial is a request made by a party after a trial has concluded, asking the court to vacate the judgment and order a new trial to re-examine some or all of the matters from the concluded trial.
This motion can be made by any party, whether it was a jury trial or a bench trial. The grounds for granting a motion for a new trial include a significant error of law, verdict going against the weight of evidence, irregularity in the court proceeding, jury misconduct, newly discovered material evidence, and improper damages.
For example, if a jury was found to have been influenced by outside factors, such as media coverage or personal relationships, a motion for a new trial could be filed based on jury misconduct.
In response to a motion for a new trial for either insufficient or excessive damages, a court may order remittitur or additur, to avoid holding a new trial.
In many jurisdictions, a party must move for a new trial in order to raise the issue on appeal. In federal court, Federal Rule of Civil Procedure 59 governs motions for a new trial.
Often a motion for new trial is made together with a motion for judgment as a matter of law (JMOL) or judgment notwithstanding the verdict (JNOV).
Motion For Judgment Notwithstanding The Verdict | Motion For Summary Judgment