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 are two different motions that can be filed in Rhode Island’s small claims court. A motion for judgment is a request that a judge enter judgment on a case without a trial. The motion includes the facts and legal argument being presented. The other party then has two weeks to file a written response to the motion. The judge will review the facts and make a decision without holding a trial. On the other hand, a motion for a new trial is a request for a new trial based on some mistake or irregularity that occurred during the original trial. This could include inadequate representation, new evidence that was not available at the time of the trial, the judge making a mistake in the law, or any other fact that the party believes warrants a new trial. The motion must be based on clear and convincing evidence. In sum, a motion for judgment is a request for a decision without a trial, while a motion for a new trial is a request for the case to be tried again based on some mistake or irregularity. Both can be filed in Rhode Island’s small claims court.

Related FAQs

What is the cost of filing an appeal in small claims court?
What is the maximum claim amount in small claims court?
Is there a deadline for filing a claim in small claims court?
How do I submit a written statement in a small claims court case?
How do I write an answer to a summons in a small claims court case?
What happens if I disagree with the decision in a small claims court case?
What is the difference between small claims court and civil court?
What is small claims court?
What is the court's decision-making process for small claims cases?
What is the process for collecting a judgment from the other party in small claims court?

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

Related FAQs

Related Blog Posts