What is a motion for a new trial?

A motion for a new trial is a request made by a party to a lawsuit to have a trial redone. This can only be done in limited circumstances, such as if there was an error made by the judge or jury, or if there was evidence that was not previously considered. In Texas, the rules for a motion for a new trial are laid out in the Texas Rules of Civil Procedure. For a party to be successful in their motion, they must be able to provide evidence that shows that the outcome of the original trial was affected by an error or evidence that was not taken into consideration. When a motion for a new trial is granted, the case is essentially reset and starts from the beginning. All evidence will be heard and taken into consideration at the new trial. It is important to note that motions for a new trial must be filed soon after the outcome of the original trial is decided and no more than six months after the appellate record is closed. Motions for a new trial can be a valuable tool for parties involved in a lawsuit who believe that the case was not handled correctly or that important evidence was overlooked. However, they must be filed quickly and with an eye towards providing evidence that supports their claims.

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