DocketX

DocketX / Glossary / motion for new trial

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 Texas, federal and Washington court rules 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.