motion for a new trial

motion for a new trial

n. a request made by the loser for the case to be tried again on the basis that there were significant legal errors in the way the trial was conducted and/or the jury or the judge sitting without a jury obviously came to an incorrect result. This motion must be made within a few days after the judgment is formally entered and is usually heard by the same judge who presided at the trial. Such a motion is seldom granted, (particularly if the judge heard the case without a jury) unless there is some very clear error which any judge would recognize. Some lawyers feel the motion helps add to the record of argument leading to an appeal of the case to an appeals court. (See: motion, judgment notwithstanding the verdict, N.O.V.)

References in periodicals archive ?
After the jury returned a verdict in favor of the defense, the Estate file a motion for a new trial based on the improper conduct of the defense counsel, some of which was apparent from the record and some of which was not reflected in the record.
Washington County Circuit Judge Rim Smith last week denied Tom Terminella's motion for a new trial in a bitter dispute won by Metropolitan National Bank of Little Rock.
Broughton also contended that the trial court abused its discretion in denying his motion for a mistrial and motion for a new trial, both based on a detective's reference to the three strikes law.
If the motion for a new trial is denied, Southwestern plans to file an appeal with the Arkansas Supreme Court within the thirty-day time limit.
On November 21, 2006, in ruling on USIM's post-trial motions, the court denied USIM's motion for judgment as a matter of law, but granted USIM's motion for a new trial to the extent noted.
Citing juror misconduct, irregularities in trial proceedings and insufficient evidence, the city filed a motion for a new trial Thursday - two months after the Los Angeles jury heard the case.
The court also denied Medtronic's post-trial motion for a new trial, a ruling that Medtronic intends to appeal.
The conviction resulted from the conduct of Officers Mark Wilbur and Paul Harper, according to a motion for a new trial filed last week by Deputy Federal Public Defender Michael J.
At the same time, the Court denied Toshiba's motion for judgment notwithstanding the verdict and also denied all other aspects of Toshiba's motion for a new trial.
Sentencing for a man convicted of manslaughter in a 1998 freeway crash in Castaic that killed a promising NASA scientist was delayed Monday while a judge reviews a defense motion for a new trial.
The Company filed a motion for a new trial or a judgment as a matter of law and although the judge reduced the award to $319,058.
Before imposing sentence, Van Nuys Superior Court Judge John Fisher denied Geragos' motion for a new trial.
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