What is a motion for a new trial?

A motion for a new trial is a legal request that a court in Kansas reviews and reconsiders a decision or verdict that was previously made without having to start a new case. This motion is usually made by a party that believes they were wronged by the court’s decision or verdict. For example, if a plaintiff lost their case even though they believe the jury made the wrong decision based on the evidence presented, they may make a motion for a new trial. When making a motion for a new trial, the party must present a legal argument or evidence of why the court should reconsider its decision. This argument or evidence must be related to some mistake, misconduct, or other factor that could have influenced the verdict. The court will then consider the motion and the arguments and decide if it will grant the motion and hear more arguments or deny the motion and keep the verdict as is. The motion must be filed and received by the court in a timely manner and it must be accompanied by a filing fee. Once the motion is filed, the opposing party will have the opportunity to respond to the motion in writing. After both parties have had the opportunity to respond, the court will consider the arguments and make a decision. Generally, a motion for a new trial is only granted if the court believes that the decision or verdict was unfairly reached or that it would be in the interest of justice to reconsider the matter.

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