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 in small claims court are two different requests that a party can make. A motion for judgment is a request that the court make a decision without a trial. This is typically done when only one party appears in court or when all parties agree on the outcome. A judge can make a decision based on the evidence presented and issue a judgment. A motion for new trial is a request to the court to rehear the case with a full trial. This is done when a party disagrees with the evidence presented or the outcome of the initial hearing. In this situation, the court can order a full trial to give both parties an opportunity to present their evidence and make arguments. In both instances, the court has the option to grant the motion or deny it. If the motion is granted, the court will then proceed to the next step in the process. If the motion is denied, the court will not move forward with the hearing. Either party can bring a motion for judgment or motion for new trial in small claims court, but ultimately it is up to the court to decide whether either motion is granted.
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