Legal Definitions - Retrial

A retrial occurs when a court orders a new trial for a case that has already concluded. It is essentially a "do-over" of some or all aspects of the original legal proceedings.

A party involved in the case typically requests a retrial by filing a motion, and a court may grant it if there was a significant problem with the first trial. Common reasons for granting a retrial include:

• A major mistake in how the law was applied by the judge.
• A jury's verdict that is clearly not supported by the evidence presented.
• Serious irregularities or errors in the court's procedures.
• Misconduct by the jury (e.g., jurors conducting their own research) or by the prosecution (e.g., withholding evidence).
• The discovery of important new evidence that was not available during the original trial.
• An award of damages (money) that is clearly excessive or insufficient.

Here are some examples illustrating when a retrial might be ordered:

• Example 1: Jury Misconduct in a Civil Case

  Imagine a civil lawsuit where a jury awarded significant financial compensation to a plaintiff. After the verdict, it was discovered that one of the jurors had independently researched the defendant's company online during the trial, found negative information not presented in court, and shared this with other jurors during deliberations. The defendant's legal team could file a motion for a retrial, arguing that this "jury misconduct" tainted the fairness of the original proceedings. If the court agrees that the juror's actions improperly influenced the verdict, it might grant a retrial, meaning the case would be heard again by a new, impartial jury.

• Example 2: Newly Discovered Evidence in a Criminal Case

  Consider a criminal case where a person was convicted of arson based primarily on circumstantial evidence and expert testimony. Several months after the conviction, a new, advanced forensic technique is developed and applied to samples from the crime scene, revealing a chemical accelerant that definitively points to a different, previously unknown perpetrator. The convicted person's attorney could file a motion for a retrial based on "newly discovered material evidence." If the court determines this evidence is genuinely new, couldn't have been found earlier with reasonable effort, and is crucial enough to likely change the outcome, a retrial would be ordered to allow this new evidence to be presented.

• Example 3: Improper Damages in a Personal Injury Case

  In a personal injury lawsuit, a jury found the defendant responsible for a minor car accident and awarded the plaintiff an exceptionally large sum for emotional distress, far exceeding what similar cases typically yield and what the evidence reasonably supported. The defendant's lawyers could argue that the jury's award for "improper damages" was excessive and not supported by the facts. An appellate court reviewing the case might then send the case back for a retrial, specifically on the issue of damages, instructing a new jury to reconsider the appropriate amount based on the evidence and legal guidelines.