Legal Definitions - new trial

A new trial is a legal proceeding in which a court orders that a case, or specific issues within a case, be tried again from the beginning. This typically occurs after a verdict or judgment has been rendered in an initial trial, but a significant error or injustice is found to have occurred that warrants a complete re-examination of the facts and application of the law.

A new trial is not a review of the previous trial's record for errors (which is what an appeal does), but rather a fresh start, often before a new jury and sometimes a different judge, as if the first trial never happened. It is usually granted by the trial judge themselves or by an appellate court after reviewing an appeal.

Here are some examples illustrating when a new trial might be ordered:

• Example 1: Procedural Error by the Judge

  Imagine a civil lawsuit where a judge mistakenly prevented a key witness from testifying for the defense, even though their testimony was highly relevant and admissible. After the jury returns a verdict in favor of the plaintiff, the defense attorney files a motion for a new trial, arguing that the judge's error significantly prejudiced their client's ability to present a full defense. If the court agrees that this procedural error likely affected the trial's outcome, it could grant a new trial.

  This example illustrates a new trial because a fundamental legal mistake made by the judge during the initial proceedings was deemed so serious that it undermined the fairness of the trial, necessitating a complete re-hearing of the case to ensure justice.

• Example 2: Jury Misconduct

  In a high-profile criminal case, a jury convicts the defendant. Shortly after the verdict, it comes to light that one of the jurors conducted independent research about the defendant's past, which was not presented as evidence in court, and shared this information with other jurors during deliberations. The defense attorney discovers this and files a motion for a new trial, arguing that the jury's misconduct tainted the verdict.

  This example demonstrates a new trial because the jury's improper actions—going outside the evidence presented in court—violated the principles of a fair trial, requiring the entire case to be heard again by an impartial jury.

• Example 3: Newly Discovered Evidence

  Consider a personal injury case where the plaintiff is awarded a large sum for damages. Months after the trial, new, irrefutable video evidence surfaces showing the plaintiff engaging in strenuous physical activity that directly contradicts their claims of severe, debilitating injury presented during the trial. The defendant's legal team petitions the court for a new trial, arguing that this newly discovered evidence, which could not have been found before or during the original trial, would likely change the outcome.

  This example shows a new trial being granted because critical evidence, previously unavailable, has emerged that is so compelling it could fundamentally alter the understanding of the facts and the ultimate judgment, making a fresh examination of the case necessary.