What is a motion for a new trial in civil law?
A motion for a new trial in civil law is a request for a new trial in a case that has already been decided. In Kansas, this motion must be filed within 30 days of the judgment or ruling. A motion for a new trial must be supported by a “showing of errors in the proceedings” – meaning that the party requesting the new trial must provide evidence that the court made a mistake that would have affected the outcome of the case. The court will review the evidence provided and summon all parties to a hearing. The judge will then decide whether a new trial should occur based on the arguments presented. The court may decide to modify the original judgment and order a new trial if necessary, or deny the motion and uphold the original ruling. In order to be successful in a motion for a new trial in Kansas, the party filing the motion must demonstrate that the errors in the proceedings were so egregious that they prevented the party from receiving a fair trial. If the judge agrees with the motion and orders a new trial, the parties will have the chance to present their cases again in the new trial.
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