How do I make a motion for a new trial?

In California, making a motion for a new trial is done by filing a motion with the court. Depending on the type of court you are appearing in, the motion may need to be submitted to either the presiding judge or the court clerk. The motion should include details about the specific case and request for a new trial. When filing the motion, you must also include a statement of facts and legal reason as to why the new trial is being requested. This statement should provide an explanation of how the first trial was unfair and outline the evidence that was presented to the court that supports a new trial. In most cases, the court will decide on the motion shortly after it is submitted. The court may also require you to appear in court to make a case or present legal argument in order to successfully obtain a new trial. Each court may have different rules and requirements that may need to be followed, so it is important to check with the court beforehand. If the court denies your motion for a new trial, you may have the option to appeal the decision to a higher court. It is important to understand that appeals are difficult to win and should only be pursued in situations when all other legal remedies have been exhausted.

Related FAQs

What is a plea bargain?
What is the difference between a trial and a hearing?
How do I prepare a witness statement?
What is a motion for a new trial?
How do I file a motion for dismissal?
What is a court reporter?
What is a continuance?
What are the rights of a defendant?
What is a subpoena duces tecum?
What is a motion for a directed verdict?

How do I make a motion for a new trial?

Related FAQs

Related Blog Posts