What is the standard of review for a motion for a new trial?

The standard of review for a motion for a new trial in Indiana is “abuse of discretion.” This means that when a court reviews a ruling made by a trial court on a motion for a new trial, the appellate court will look to see if the trial court made the correct decision based on the facts and laws in the case. If the decision was based on an incorrect interpretation of the law, an erroneous or unreasonable application of the law, or the trial court’s action was arbitrary or capricious, then the appellate court could decide that the trial court abused its discretion. On appeal, the appellate court looks to see if the trial court’s decision was a reasonable one based on the evidence presented at trial. The appellate court may reverse the trial court’s decision if it believes that the trial court abused its discretion. The appellate court may also choose to affirm the trial court’s decision, meaning they will accept the lower court’s ruling as correct. Even if an appellate court believes that a trial court made an incorrect ruling, they may still leave the ruling in place if they feel that it did not constitue an abuse of discretion. In Indiana, abuse of discretion is the standard of review for a motion for a new trial.

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What is the standard of review for a motion for a new trial?

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