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 New Hampshire is abuse of discretion. This means that the Court of Appeals will assess whether the Trial Court abused its discretion in ruling on the motion by considering if it applied incorrect legal principles, acted arbitrarily, or made an ineffective decision that was not supported by the evidence. For example, if the Trial Court failed to consider important evidence or if there is clear error in the findings made by the trial court, then the Court of Appeals may determine that the Trial Court abused its discretion. In order to reverse a decision of the Trial Court, the Appellate Court must also determine that the abuse of discretion affected the outcome of the case. So, the Appellate Court will review the evidence and the rulings of the Trial Court to see if the miscarriage of justice has taken place. If the Court of Appeals finds that the abuse of discretion was prejudicial, then it can reverse the decision and grant a new trial. The purpose of appellate review is to ensure that all trials are conducted fairly and are based on established legal principles. By holding the Trial Court to the abuse of discretion standard, the Court of Appeals can ensure that all decisions related to the motion for a new trial are based on fact and not opinion. The Court of Appeals will also exercise great caution when overturning decisions of the Trial Court to prevent miscarriages of justice.

Related FAQs

What is the process for obtaining an appellate court order for a stay of enforcement?
What is a writ of certiorari and how is it used in appellate practice?
What is the time period for filing an appeal?
What is the difference between a discretionary and a non-discretionary appeal?
Are there any deadlines or limitations periods for filing an appeal?
How often do the appellate courts review their decisions?
Are parties able to appeal an appellate court’s decision to a higher court?
What is an amicus curiae brief?
What is the appellate court’s jurisdiction over a case?
How should I prepare for oral argument on an appeal?

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

Related FAQs

Related Blog Posts