What is a motion for a new trial in an insurance litigation case?
A motion for a new trial in an insurance litigation case in Georgia is a request to the court to take another look at the facts of the case and to reconsider its earlier decision. This motion is usually filed by the losing party in the litigation case, who believes that the judge’s earlier findings and rulings were based on incorrect information or a misinterpretation of the law. A motion for a new trial can be based on various grounds, such as newly discovered evidence, a mistake in the instructions given to the jury, an incorrect application of the law by the court, or newly available evidence that wasn’t available at the time of the trial. The court may also consider if an error was made in the admission or exclusion of evidence and if the jury was incorrectly instructed on the law. In the event that the court grants the motion, a new trial is held and the decision made by the jury at the new trial is considered final.
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