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 types of requests that can be made in Small Claims Court in Washington. A motion for judgment is a request that a judge issue a judgment in favor of the plaintiff (person making the claim) or defendant (person defending against the claim). This request is usually made when all parties involved have agreed on the facts of the case and the defendant has failed to challenge the claim. A motion for a new trial, on the other hand, is a request to have the case reheard from the beginning. This could be due to the defendant finding new evidence that was not available at the original trial, or to challenge the decision of the judge. This motion must be filed within 10 days after the judgment has been made, in order to give both parties time to prepare for a new trial. In summary, a motion for judgment is a request for a judgment to be made when all parties agree on the facts of the case and the defendant has not challenged the claim. A motion for a new trial is a request to have the case heard again with new evidence or to challenge the decision of the judge.
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