Lesson 33: Motion for a New Trial

As part of the larger topic of Post-Trial Motions, the Motion for a New Trial is a critical aspect of civil procedure law. This motion allows a party to request a new trial based on specific grounds that may have affected the fairness of the original trial.

Overview

A Motion for a New Trial is typically filed after a trial concludes, and the jury or judge has rendered a verdict. This motion asks the court to vacate its judgment and order a new trial. Common grounds for requesting a new trial include:

Errors of law during the trial
Newly discovered evidence
Misconduct by the jury, parties, or attorneys
Verdict against the weight of the evidence
Excessive or inadequate damages

Legal Framework

The rules governing motions for a new trial can be found in Rule 59 of the Federal Rules of Civil Procedure (FRCP). Each state may also have its own specific rules and procedures for filing such motions.

Motion for a New Trial

Comes now the Plaintiff, by and through the undersigned counsel, and pursuant to Rule 59 of the Federal Rules of Civil Procedure, hereby moves for a new trial on the following grounds:

Errors of law during the trial
Newly discovered evidence

Grounds for a New Trial

Understanding the common grounds for a new trial is essential for properly filing and defending against such a motion.

Errors of Law

If the judge made a legal error during the trial, such as improperly admitting or excluding evidence, a new trial may be warranted.

Newly Discovered Evidence

Evidence that was not available during the original trial but could significantly impact the outcome may justify a new trial. The moving party must show that the evidence is genuinely newly discovered and not due to a lack of diligence.

Misconduct

Misconduct by jurors, parties, or attorneys that prejudices the trial's fairness can be a basis for a new trial.

Misconduct by Jurors

If it is discovered that jurors engaged in misconduct such as "discussing the case outside of deliberations" or "using external information," a new trial might be necessary to ensure justice.

Verdict Against the Weight of the Evidence

If the jury's verdict is contrary to the evidence presented, the court may order a new trial, believing that the jury did not properly interpret the evidence.

Important: Motions for a new trial are subject to strict time limits. Under FRCP 59, the motion must be filed no later than 28 days after the entry of the judgment.

Procedure

The procedure for filing a Motion for a New Trial involves several key steps:

Filing the motion within the prescribed time limits
Providing specific grounds and supporting evidence
Attending a hearing where both parties can present their arguments

Day 0

Judgment Entered

Day 28

Deadline to File Motion for a New Trial

Decision-Making Process

The court will evaluate whether the grounds presented are sufficient to merit a new trial. The judge has discretion in deciding whether to grant or deny the motion based on the presented arguments and evidence.

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Conclusion

A Motion for a New Trial is a vital tool to address potential injustices that occurred during the trial. Understanding the grounds, procedure, and strategic implications is essential for effectively navigating post-trial motions.

For further reading on civil procedure, consider the book Examples & Explanations for Civil Procedure.