What is the difference between a motion for judgment and a motion for new trial in small claims court?
In small claims court in Florida, a motion for judgment and a motion for a new trial are two separate motions that are used to resolve legal disputes. A motion for judgment is a request for the court to make a determination as to the outcome of the case, based on the evidence presented. The plaintiff requests a judgment in their favor, and the defense may either oppose the motion or request a ruling in their favor. The court then reviews the evidence and issues a decision. A motion for a new trial, on the other hand, is a request for the court to reconsider the evidence and make an altered ruling. The defendant may use this motion if they feel the ruling was unfair or incorrect. The court can also grant a new trial if it finds that new evidence has been presented or the original ruling was based on a legal error. In both cases, the judge hears arguments from both parties and makes a decision based on the evidence presented. The difference between a motion for judgment and a motion for new trial is that with the first, the judge decides the outcome based on the evidence presented at the start of the trial, while in the case of a new trial, the judge reconsiders the evidence and makes an altered ruling.
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