What is a motion for a new trial?

A motion for a new trial is a request made to the court for a retrial based on alleged errors of law or discovery of new evidence made after a trial. It is a legal remedy available in some courts, such as in Louisiana, that allows a party who is unhappy with the outcome of a trial to ask for a new trial or the opportunity to present their case again. In Louisiana, a motion for a new trial must be filed with the court before the time has expired to appeal the decision. A motion for a new trial may be brought forward if there was an issue with the ruling of the court, such as incorrect instructions given to the jury or an error of law. Additionally, if new evidence has come to light in regards to the case, a motion for a new trial may be filed to have the case be reexamined, as the new evidence may have an impact on the ruling. In order to be successful in obtaining a new trial, a party must be able to prove to the court that the outcome of the trial would have been different with either the legal error or the new evidence. If the motion is granted, the court will order a new trial to take place with the intention to render a judgment that is more in line with actual facts and the laws of the jurisdiction. Therefore, a motion for a new trial is a powerful legal tool that can be used in Louisiana to potentially change the outcome of a case.

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