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 requests that can be made in small claims court in South Carolina. A motion for judgment is a request for the court to decide the case in favor of the requesting party and it must include a legal argument. This request is often filed if the responding party does not appear in court or does not respond in time. A motion for new trial, on the other hand, is a request for the court to reopen the case and start the proceedings over. This request can be made if there is a legal issue that was not previously brought to the court’s attention or if there is new evidence that could change the outcome of the case. The motion for new trial must be filed within ten days of the judgment being made and must include an explanation of the legal issue or evidence that has come to light since the original hearing. In summary, a motion for judgment in small claims court is a request for the court to decide the case in favor of the requesting party, while a motion for new trial is a request to reopen the case and start the proceedings over.

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

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