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 ?
This year starts right where we left off, with an examination of a decision by the Minnesota Court of Appeals that says you have to bring a motion for a new trial to review things even if they happened before trial.
Again, the court rejected SMC's contention that the trial court erred in granting a conditional motion for a new trial based on the motion for judgment in accordance with a motion for a directed verdict.
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.
WORCESTER - Finding that convicted rapist Benjamin LaGuer demonstrated a pattern of behavior designed to perpetrate a fraud on the court, a judge has thrown out the ninth motion for a new trial Mr.
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.
Part IV analyzes the post-trial problem in light of this history and provides precedent and argues that the right to counsel should extend throughout the period for filing this post-trial motion for a new trial.
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.
In this interesting Michigan case defense counsel filed a motion for a new trial, a motion for JNOV, and an appeal predicated upon the fact that the conduct of the plaintiffs counsel was prejudicial to the defendant's 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.
Full browser ?