How do I make a motion for a new trial?

In Kansas, a motion for a new trial may be filed with the court. The motion needs to include specific facts that demonstrate how justice was not done in the prior trial. There may be several grounds for a motion such as new evidence, misconduct of the jury or court, or an error in the court’s instructions. In most cases, the motion must be filed within 10 days of the final judgment in the original trial. The motion must also include an affidavit or declaration to verify the facts. The motion should be filed with the court in the same county as the original trial and an entry of service must be filed with the court. Once the motion is filed with the court, the other parties involved will need to be served with a copy of the motion. Service can be done in person or by mail. The party filing the motion should keep evidence of service, such as a certified mail receipt. The judge can schedule a hearing to review the motion. During the hearing, parties may present witnesses or evidence to support their claims. The judge can then decide whether it is necessary to grant a new trial or deny the motion. If the judge decides to grant a new trial, the original trial may need to repeated.

Related FAQs

What kind of lawyer do I need for court?
What is a procedural hearing?
How does a judge make a ruling?
What is a cross-motion?
What is the difference between criminal and civil court?
How do I object to evidence?
What is the difference between a trial lawyer and a defense attorney?
What is the difference between direct and circumstantial evidence?
What is a process server?
What is a writ of certiorari?

How do I make a motion for a new trial?

Related FAQs

Related Blog Posts