What is a motion for a new trial?
A motion for a new trial is a request for the court to repeat or re-hear a case based on a legal or factual argument. This motion is usually made in civil court cases in Indiana when a party believes there are grounds that could potentially change the verdict. For example, if new evidence arises that was not available during the original trial, or if there was an error in the instructions given to the jury. The motion must be filed in Indiana within 30 days after the judgement is entered. Each court has different requirements for filing a motion for a new trial, so it’s important to review the local rules before filing. Generally, the motion must be filed with the specific court that was responsible for making the ruling. Additionally, a separate legal argument outlining why the new trial is necessary must be included. This should include a reasonable explanation for why the new trial is being requested. If the court grants the motion, the parties will have to re-litigate the case with the new facts or issues presented in the motion. If the court denies the motion, the new evidence or legal argument presented cannot be used for an appeal. It’s important to note that the court must generally review the motion to decide if a new trial is necessary.
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