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 new trial are two different types of motions that can be filed in small claims court in North Carolina. Both are requests to the court to take certain actions, but the types of actions they ask for are different. A motion for judgment is a request for the court to make a decision in a case, either in favor of the plaintiff or the defendant. This motion is used when the parties in the case have already presented their evidence and made their arguments, and the court is ready to make a decision. A motion for new trial is a request for the court to try the case again. This is usually requested when one of the parties believes that the court made a mistake during the original trial or that new evidence has been found that was not available during the original trial. The motion must state why a new trial is needed and what evidence will be presented to support the motion. In summary, a motion for judgment asks the court to make a decision based on the evidence and arguments that have already been presented, while a motion for new trial asks the court to try the case again due to new evidence or other mistakes made during the original trial.

Related FAQs

How do I locate a defendant in a small claims court case?
Can I get an extension on my small claims court case?
Is there a limit on the number of claims I can file in small claims court?
What is the process for obtaining a garnishment order in a small claims court case?
Are there any special rules for parties under the age of 18 in small claims court?
Are there any special rules or procedures I need to know when filing a claim in small claims court?
Are there alternate dispute resolution options available in small claims court?
What types of disputes can I take to small claims court?
Are there any statutes of limitations on small claims court cases?
Who can testify in a small claims court case?

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

Related FAQs

Related Blog Posts