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 Nebraska is governed by the Nebraska Appellate Rules. The court must decide whether the decision of the lower court was incorrect or unreasonably decided. If it was, then the appellate court may order a new trial. For a motion for a new trial in Nebraska, the movant must show that the lower court’s ruling was based on an erroneous application of the law, or that the evidence presented was insufficient to support the lower court’s ruling. In some cases, the movant may also argue that the lower court’s ruling was based on an incorrect factual finding. When evaluating a motion for a new trial, the appellate court will review the lower court’s decision for an abuse of discretion. This means the court will examine the law and evidence presented to the lower court to determine if the lower court made a reasonable decision. The appellate court will grant a motion for a new trial only if the lower court made an unreasonable decision. The appellate court will also consider any other relevant factors. When deciding on a motion for a new trial, the appellate court must review the case objectively. The appellate court must also remain neutral and not substitute its opinion for the lower court’s. The standard of review for a motion for a new trial in Nebraska serves to ensure that the lower court’s decision was correct and reasonable.

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