What is the difference between a motion for judgment and a motion for new trial in small claims court?
In Michigan, a motion for judgment and a motion for a new trial are two different types of motions that may be presented at a small claims court. A motion for judgment is a request for a ruling or decision by the court. It is based on the facts presented in the case, and asks the court to issue a judgment for or against the party that filed the motion. The opposing party can respond to the motion by presenting evidence or argument in opposition to the motion, but the court will ultimately decide whether to grant the motion for judgment. A motion for a new trial is a request for a rehearing of a case. The key difference from a motion for judgment is that the plaintiff (the party who initiated the action to court) may present new evidence or argument that was not previously presented to the court. This motion is often requested when new evidence relevant to the case has been discovered since the trial. The court can then decide whether or not to grant the motion for a new trial and proceed accordingly. Overall, a motion for judgment is a request for a ruling or decision from the court based on the facts presented, while a motion for a new trial is a request for a rehearing of a case due to newly discovered evidence or argument.
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