What is a motion for a new trial in civil litigation?
A motion for a new trial in civil litigation is a legal action taken when one side believes that certain errors occurred during the original trial that resulted in an unfair outcome. This type of motion is heard by a judge who will decide whether or not to grant the motion. Although motions for a new trial are generally common in criminal trials, they also apply to civil litigation in Washington. This includes matters such as breach of contract or personal injury claims. A motion for a new trial can be filed by either the plaintiff or the defendant. A motion for a new trial typically focuses on requests for a new jury trial, new witnesses or evidence, new evidence that was not available in the original trial, errors in the instructions given to the jury, errors in the admission or exclusion of evidence, or newly discovered evidence that was not available in the original trial. The party filing the motion must provide a legal basis for the motion and must demonstrate to the court that the errors or newly discovered evidence would bring about a different outcome at a new trial. If the court finds that this is the case, the judge may grant the motion for a new trial and the original case will be reheard by a different jury.
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