When a case has been decided and judgment entered, the losing party may request the court case be re-tried by filing a motion for new trial. A motion for new trial may be granted in some cases depending on the facts and circumstances. Such as, a case where new evidence has come to light after the verdict or if there was misconduct on the part of witnesses, the jury or the prosecution. A motion to retry a court case may also be granted if there was insufficient evidence to support the courts decision.
Develop the caption of your motion. The caption should contain the court, case number, and the parties involved. You can refer to the sample motion for new trial in the resources section to see how the caption is typically formatted.
Write your legal arguments in the body of the motion. This is where you will explain to the court the new evidence that was discovered or a witness who has recanted previous testimony. Thoroughly explain the reasons you are entitled to a new trial. You must also cite supporting legal authorities including statutes and case law. If you do not refer to legal authorities that support your assertions, the court may dismiss your motion without consideration.
Certify that you have served the other parties to the case. At the end of your motion you must assure the court that you have given a copy of your motion to the other party. This is to allow the other party to file an answer to rebut your claims. Sign your motion in blue ink and file the original copy with the court.
- The law is very difficult to interpret. An experienced attorney can determine your best defense in seeking a motion for new trial.
- Check the rules in your court to make sure you are within the time period allowed to file your motion.
- Every state law is different. Find the statute that governs a motion for new trial in your state to determine the reasons you may request the court retry your case.
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