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Motion For New Trial

A motion for new trial is a formal request asking the court to set aside the verdict or judgment and start the case over before a new jury or judge.

What it actually is

This motion is typically filed after a trial ends with a verdict or judgment, claiming a legal error, misconduct, or other problem that made the trial unfair. It asks the same court to reconsider and order a fresh trial, rather than appeal to a higher court. The motion is made before the final judgment becomes final, usually within a short window set by court rules.

Why it matters in your case

For someone in a case, winning this motion can erase a bad outcome and give a second chance to present evidence or correct a mistake. Losing it means the case moves toward appeal, but it forces the trial judge to review potential errors on the record first.

The common misunderstanding

A common misunderstanding is that a motion for new trial is the same as an appeal; it is not. It is a request to the same trial judge, not a higher court, and it must be based on errors that happened during that trial, not new evidence discovered later.

Get the actual rule

Definitions are orientation; rules are authority

This page explains the concept. When it matters to your case, read the rule that governs it in your court, we hold court rules for 28 states and the federal courts word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.

Related

Terms that travel with this one

General explanation, not legal advice, and not specific to any state, procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.