What is a motion for a new trial in civil law?
A motion for a new trial in civil law is a request made by either the plaintiff or defendant in a civil case asking the court to set aside a previous judgment and issue a new trial. This motion is typically requested when the party feels that the court’s ruling was incorrect or there was some form of inadequate investigation or representation that may have caused the ruling to be unfavorable. In North Carolina, a motion for a new trial can be filed by either party for a variety of reasons, such as newly discovered evidence, jury misconduct, or errors in the court’s instructions to the jury. The motion must include a detailed explanation of why the new trial is being requested. The court may grant the request if it determines that the motion is valid and the previous ruling was unfair or in some way unjust. The court will then schedule the new trial and order the parties to appear. If the motion is denied, the ruling of the court stands and the case is concluded.
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