civil procedure · procedure
A new trial motion is a request made to a court to nullify a jury's verdict or a judge's decision, arguing that a trial error, juror misconduct, or new evidence warrants a reconsideration of the case. It allows the losing party to seek another chance at trial in light of perceived injustices that affected the outcome.
The moving party must specify the grounds on which they are seeking a new trial, which can include errors in applying the law, procedural irregularities, or new evidence.
What to prove: To satisfy this element, the moving party must clearly articulate the reasons why the original trial's outcome was unjust, supported by evidence or legal standards.
The motion must be filed within a specific time frame set by law or court rule following the original trial's verdict.
What to prove: The moving party must demonstrate that the motion was timely filed, adhering to the jurisdiction's requirements.
There must be an indication that the error or irregularity adversely affected the outcome of the trial.
What to prove: The moving party must show that the alleged error had a substantive impact on the verdict, thus necessitating a new trial.
The moving party bears the burden of proof, typically requiring a preponderance of the evidence standard.
On exams, focus on articulating the grounds for a new trial and the significance of timely filing. Be prepared to analyze hypothetical fact patterns that could justify the motion.