What is a motion for a new trial in an insurance litigation case?
A motion for a new trial in an insurance litigation case is a request made by one or more of the parties in a case for a new trial after a verdict has already been given. A new trial can be requested due to some errors or mistakes that were made during the trial process. In Texas, typically a motion for a new trial must be made within thirty days of the verdict being given and must include a statement as to why a new trial should be granted. In most cases, the party making the motion must provide convincing evidence as to why a new trial should be granted. In an insurance litigation case, this could be due to a mistake in the jury’s findings, incorrect instructions given to the jury or evidence introduced during the trial which was not seen before. It can even be as a result of a decision made by the judge which the party believes was incorrect. If a motion for a new trial is granted, any evidence that was presented during the original trial must be presented again for the new jury to consider. Additionally, new evidence can be included in the new trial which wasn’t in the original case. Overall, a motion for a new trial in an insurance litigation case is a request made by one or more of the parties in a case for a new trial after a verdict has already been given. The party making the request must be able to provide convincing evidence as to why a new trial should be granted and the case will be re-tried with any new evidence included.
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