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 Mississippi is known as the manifest error standard. This means that the appellate court will review the trial court’s findings to determine if any mistake or error was made that produced an unjust result. The appellate court will reverse the decision of the trial court only if it finds that the trial court’s decision was “manifestly wrong”. This means that the trial court made a clear and obvious error of law or an incorrect application of the law. In cases where the standard of review is manifest error, the appellate court generally will not review the facts of the case or consider whether the trial court made the correct decision. Instead, the appellate court must only determine if there was a mistake or error in the trial court’s decision. If an error is found, then the appellate court will reverse the decision, otherwise, it will affirm it. The manifest error standard of review is an important protection for litigants who may have been wrongly convicted or otherwise subject to an incorrect ruling in the trial court. It is also an important reminder to trial courts that their decisions must be based on applicable law and must be free from errors.

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