How do I make a motion for a new trial?

In order to make a motion for a new trial in Mississippi, one must first file an appropriate legal form known as a Motion for New Trial and Notice of Appeal. This document must include the reasons why the motion is being made and must be filed in the county where the case originated. Additionally, a memorandum of law must be included in which the applicant outlines the legal basis of the motion, as well as any other relevant facts or evidence. A motion for a new trial in Mississippi can be made for a variety of reasons, such as newly discovered evidence or because the rights of the defendant were violated during the course of the trial. In order to be successful a motion for a new trial must demonstrate clear prejudice against the defendant. Once the motion and other necessary documents have been submitted to the court, the court will set a hearing date in order to determine whether the motion should be granted. At the hearing, the applicant will have the opportunity to make their case and present evidence in support of the motion. If the motion is successful, the court will order a new trial. If the motion is denied, the applicant may be able to appeal the decision.

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