What is the difference between a motion for judgment and a motion for new trial in small claims court?

A motion for judgment and a motion for a new trial in Colorado small claims court are two distinct legal actions that are taken for different reasons. Generally speaking, a motion for judgment is a request from one of the parties involved in the case for the court to render a final decision in the case without hearing additional evidence or arguments. The motion may be granted if the party making the motion can provide the court with what is called a “prima facie case,” which means that the party can demonstrate that, based on the evidence presented, they would be entitled to a final judgment in their favor. In contrast, a motion for a new trial in small claims court is an action taken by any of the parties involved in the case if they believe that the court has made an error in either the law or the facts of the case. These motions are generally made after a judgment has been entered but before the appeal period has expired. If the motion is successful, then the court will order a new trial to be held in order to address the errors that were identified in the motion. This allows the parties to present additional evidence and arguments to the court, and for the court to consider all of the evidence before it renders a final decision.

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