What is a motion for a new trial?

A motion for a new trial is a legal procedure in which a person can ask the court to set aside the original verdict and order a retrial of a civil or criminal case. This motion is typically made when the party making the motion believes that an error occurred during the trial that had a substantial impact on the outcome of the case. In Arkansas, a person can make a motion for a new trial based on any of the following reasons: newly discovered evidence, errors in law, errors in fact that affected the outcome of the trial, excessive jury verdicts, or newly available witnesses or evidence. A party can also make a motion for a new trial if the verdict was the result of fraud or collusion. In order for a motion for a new trial to be granted, the party making the motion must first show that the evidence of a new trial is substantial and credible. Second, they must show that the error or newly discovered evidence actually affected the outcome of the trial and is of substantial importance to the party. Lastly, the motion must be made before the entry of judgment. Once the motion is filed, the court must consider the evidence and decide whether to grant or deny the motion. If the motion is granted, the court will order a new trial where the original verdict will be set aside and the case will be tried again.

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