What is a motion for a new trial?

A motion for a new trial is a request from a party to a court case in California asking the court to reconsider or retry a verdict for their case. This motion is typically used if new evidence has been discovered or if a procedural error was made during the first trial. The party making the motion must provide evidence to the court, either in the form of written documents or witness testimony, that suggests their case should be retried. The evidence must be relevant to the case and be something that did not exist during the first trial. The court may also consider evidence presented by the other party in making its decision. If the court grants the motion, the parties will have another trial. During the new trial, the original verdict may be overturned or a different verdict may be issued. The motion for a new trial may be requested within 30 days of the initial judgment. If the motion is not requested within the 30-day window, the parties may still file a motion for the court to reconsider its decision, though it is less likely to approve the motion in that case. Additionally, the court may deny the motion for a new trial even if the evidence presented is compelling.

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