motion for a new trial | Definition

Doc's CJ Glossary by Adam J. McKee
Course: Introduction

A motion for a new trial is a legal request made to a court after a trial has been completed but before a judgment has been entered.


It is a request that the court hold a new trial in the same case, usually on the grounds that there was some sort of error or misconduct that occurred during the original trial that affected the outcome of the case and denied the moving party a fair trial.

A motion for a new trial can be based on several grounds, such as newly discovered evidence, juror misconduct, errors in the admission or exclusion of evidence, ineffective assistance of counsel, or misconduct by the judge or by the opposing party.

The standard for granting a new trial is generally high and the court will consider whether or not the alleged error or misconduct was so substantial that it affected the outcome of the case and denied the moving party a fair trial. If the court grants the motion, a new trial will be held with a new jury or judge. If the motion is denied, the original judgment will stand.

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Last Modified: 01/12/2023

 

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