What is the difference between a motion for judgment and a motion for new trial in small claims court?
The difference between a motion for judgment and a motion for new trial in small claims court in Massachusetts is important to understand. A motion for judgment is the first step in the legal process. It is a formal request to the court to make a judgment on a case, based on the evidence presented by each side. The court will then either grant or deny the motion, without a full hearing or trial. A motion for new trial, on the other hand, is usually taken after a judgment has been made. If a party believes the amount of the judgment is incorrect, or if new evidence has come to light, they can file a motion for a new trial. This motion gives the court the opportunity to review the evidence and determine if a new trial is necessary. The decision to grant or deny a motion for new trial is ultimately left to the discretion of the court. In small claims court in Massachusetts, it is important to understand the difference between a motion for judgment and a motion for new trial to ensure the best possible outcome for your case. Knowing when to file each motion and how to best present your evidence can help ensure the court makes a fair and accurate judgment.
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