What is a motion for a new trial?

A motion for a new trial is a court request made by one of the parties involved in a trial to have that trial re-tried, or repeated. This is done when one of the parties feels that the trial was unfair or unjust, because of a mistake made by the judge, jury, or other court personnel. In Delaware, filing a motion for a new trial is a complex process. The party filing the motion must first identify the mistake in the trial and state their claim in detail. The filings of this motion are required to be submitted in writing. Additionally, the party filing the request must include a certificate of consultation with the opposing party, which confirms that the opposing party has been given the opportunity to agree or disagree to the motion. Once this motion is filed, the court reviews the motion and decides whether or not to grant a new trial. There are certain circumstances in which the court may grant a new trial, such as ineffective counsel, newly-discovered evidence, or errors in the application of law or evidence. If the court denies the motion, it is likely that the party filing the request can appeal the ruling. In Delaware, a motion for a new trial can be a lengthy and complex process. Therefore, if a party feels that a trial was unjust, it is important to consult a lawyer for assistance in filing the motion and navigating the legal process.

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