What is a motion for a new trial in civil litigation?
A motion for a new trial in civil litigation is a request made to the court by a party in a lawsuit asking for another trial. This is usually done when a party believes that the court or jury made a mistake during the original trial that unfairly affected the outcome of the case. In Texas, a motion for a new trial must be filed no later than 15 days after the date on which the judgment or order from which the motion is being made was signed. The motion must be filed in the court where the original trial was held. The motion must also state the grounds upon which the party filing the motion believes that the trial was unfair and must also include affidavits from witnesses or other evidence to support these grounds. The other side will then have a chance to respond to the motion. Once the motion for a new trial is filed and the response submitted, the judge will review them and make a decision whether or not to grant the motion. If the motion is granted, the case will be retried in front of a new jury and a new outcome may be reached. If the motion is denied, the original ruling will stand.
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