What is a motion for a new trial?

A motion for a new trial is a request made to the court in an effort to have a case heard anew. It typically occurs after a trial has already taken place and a ruling has been made, but either party to the case believes that an error occurred or that the outcome was unjust. In Virginia, a motion for a new trial must be filed with the court within ten days of the ruling. If the motion is not filed within this timeframe, the ruling is set as final. The motion must include arguments for why the ruling should be overturned. This could include errors in the court proceedings such as evidentiary issues, lack of due process or the decision being contrary to the weight of the evidence. The judge assigned to the case then decides if the motion is valid and, if so, schedules a new trial with the same parties. If the motion is denied, the ruling stands and both parties are bound to abide by the court’s decision. In conclusion, a motion for a new trial is a request made to the court in an effort to have a case heard anew. It is a legal tool meant to ensure that those who are wronged have the opportunity to seek justice in the courts.

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What is a motion for a new trial?

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