What is a motion for a new trial in civil litigation?

A motion for a new trial in civil litigation is a legal argument that seeks to have a trial declared invalid and a new one conducted. This is usually done when a party to a lawsuit believes that the trial did not turn out in their favor due to circumstances outside of their control, such as overly biased jury members or improper jury instructions. In California, motions for new trials can be filed in both the trial court and the appellate court. The motion must be made in writing and must include clear and convincing evidence that the trial did not reach a just conclusion. It should also include any new evidence that was not available at the time of the trial. The court will then review the motion and decide if a new trial is warranted. If a motion for a new trial is granted, the court will set aside the judgment of the original trial and order a new one. The parties to the lawsuit will then have to go through the entire legal process again, including the selection of jurors, the presentation of evidence, and the delivery of a verdict. Overall, a motion for a new trial can be a powerful tool for a party in civil litigation who believes that the trial did not turn out in their favor due to circumstances outside of their control. It is important to note, however, that motions for a new trial are rarely granted, and the parties should be fully prepared in the event that the court denies their motion.

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