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

In small claims court in West Virginia, a motion for judgment and a motion for new trial are two very different motions. A motion for judgment is a request to the court to make a ruling on the case without a full hearing. This is also known as a summary judgment. In order for the judge to grant this motion, the facts must be clear and undisputed. In addition, the court must also determine that the party making the motion, also known as the movant, is entitled to judgment as a matter of law. A motion for new trial is a request to the court to throw out the original judgment and order a new trial. This motion is typically used when there has been some type of mistake or error made in the original trial. Examples of this could be newly discovered evidence or if the testimony of a witness was inaccurate. In order for the judge to grant a motion for a new trial, there must be proof that the original judgment was made in error. Both motions are important in small claims court and can have an impact on the outcome of the case. It is important to understand the differences between the two motions and when they are applicable.

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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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