What is a motion for a new trial?

A motion for a new trial is a legal request that allows a party to challenge a court’s ruling after the trial has concluded. In South Carolina, a motion for a new trial must be based on one of four main grounds. These grounds are: (1) Mistake, inadvertence, surprise or excusable neglect; (2) Newly discovered evidence; (3) Excessive or inadequate damages; or (4) An error of law occurring at trial, regardless of whether objected to at trial. To file a motion for a new trial in South Carolina, the party must file the motion with the court within 10 days after judgement is entered. The motion must include an affidavit of the party or attorney of record and a supporting brief arguing the merits of the appeal. The motion must be served to all the parties involved in the case, including the judge and any attorneys. Once the motion for a new trial is filed, the court will consider the merits of the motion and may deny, accept, or modify the motion. If the motion is accepted, the motion initiates a new legal proceeding and a new trial will be held. This new legal proceeding will allow the parties to present new evidence and arguments as to why the first trial’s ruling should be overturned. In South Carolina, it is up to the judge to decide if the motion for a new trial has merit and is appropriate in light of the circumstances of the case. If the motion is found to be proper and appropriate, a new trial will be ordered and the initial ruling may be reversed.

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