This website uses cookies to ensure you get the best experience on our website. Learn more

Got it!

motion for new trial

A party’s post-trial request that the court vacates the judgment and orders a new trial to re-examine some or all of the matters from the concluded trial. The motion can be made by any party and following both jury trials and bench trials . The grounds for granting a motion for a new trial include a significant error of law, verdict going against the weight of evidence, irregularity in the court proceeding, jury misconduct, newly discovered material evidence, and improper damages . See California Code of Civil Procedure 657 . In response to a motion for a new trial for either insufficient or excessive damages, a court may order remittitur or additur , to avoid holding a new trial. In many jurisdictions, a party must move for a new trial in order to raise the issue on appeal . In federal court, Federal Rule of Civil Procedure 59 governs motions for a new trial. Often a motion for new trial is made together with a motion for judgment as a matter of law (JMOL) or judgment notwithstanding the verdict (JNOV) .

[Last reviewed in July of 2020 by the Wex Definitions Team
]

Wex

• ACADEMIC TOPICS

• trial process/advocacy

• THE LEGAL PROCESS

• courts

• wex definitions

• civil procedure

• type