What is a motion for a new trial?

A motion for a new trial is a request made by a party in civil litigation to have a new trial conducted if they believe the current outcome did not accurately reflect their case or the law. This motion is normally used after a jury or court has made a decision that was not favorable to a party in the case. In Florida, a motion for a new trial can be made under certain circumstances such as newly discovered evidence, improper conduct by the court or jury, or errors made by the court in its instructions to the jury. A motion for a new trial must be made within 10 days from the date of the verdict and must be made in writing and filed with the court. The judge then has the discretion to grant or deny the motion. If the motion is granted, the judge will set a date for a new trial and the process will begin again with the parties presenting their cases. A motion for a new trial is an important tool in civil procedure and one that can help ensure that parties are able to have their day in court and receive a fair outcome.

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