What is a motion for a new trial?

A motion for a new trial is a legal request seeking to overturn the jury’s verdict or the court’s judgment in a civil or criminal case. It is usually brought up following a trial which resulted in a guilty verdict or other unfavorable outcome. The motion can generally be filed by a criminal or civil defendant or by the state for criminal trials. A motion for a new trial must be filed within a specific time frame, as defined by Virginia law. Generally, a motion for a new trial must be filed in the circuit court within 21 days of the verdict being issued or within 21 days of the judgment if there was no jury trial. The court may grant a motion for a new trial if there is clear and convincing evidence that the verdict or judgment was not just. The court may grant a motion for a new trial in order to correct errors or irregularities in a trial, such as misconduct by a party or their lawyer, newly discovered evidence, or juror bias. If the motion is granted, the case will be retried in the same court with a different jury and possibly different judges or attorneys. If the motion for a new trial is denied, the verdict or judgment stands and the defendant may appeal the decision.

Related FAQs

How do I argue my case in court?
What is the difference between civil and criminal law?
What is a jury nullification?
How do I file an objection to a motion?
What is a court?
How do I find an attorney?
What is the difference between a trial and a hearing?
What is a jury selection process?
How do I find out when my court date is?
What is the difference between civil and criminal contempt?

What is a motion for a new trial?

Related FAQs

Related Blog Posts