Also known as: motions for new trial · motion for a new trial · new trial motion
Written by attorneys · grounded in primary & secondary sources — see below
A postjudgment request that the court vacate the judgment and order a new trial for reasons such as factually insufficient evidence, newly discovered evidence, or jury misconduct. The motion supplies a procedural mechanism for the trial court to correct errors that affected the fairness or outcome of the proceeding before an appeal is taken.
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Meredith Maxwell obtained a defense verdict in a contract dispute. Judgment was entered on March 1. On April 2 she filed a motion for new trial citing newly discovered documents. The court denied the motion because more than twenty-eight days had elapsed since entry of judgment.
Musa Mensah was convicted after a bench trial. Nearly two years later his counsel located encrypted messages that contradicted the government's key witness. Mensah filed a motion for new trial grounded on the messages. The district court could consider the motion because it was filed within three years of the verdict.
Melissa Mills lost a nonjury trademark case. Within twenty-eight days she filed a motion for new trial together with a request under Rule 52 to amend the court's factual findings on likelihood of confusion. The court considered both requests in a single order.
Madison Meyers was convicted of wire fraud. Fourteen days after the verdict she moved for a new trial alleging an erroneous jury instruction. The court denied the motion as untimely because it was not based on newly discovered evidence.
Mustafa Mahmoud lost an equitable accounting action after a nonjury trial. He filed a timely motion for new trial and asked the court to reopen the record for testimony from a previously unavailable accountant. The court granted the motion, took the additional testimony, and entered a revised judgment.
Mason McCarthy obtained a Florida judgment affecting a Delaware trust. After the Delaware court refused to give the judgment full faith and credit, McCarthy filed a motion for new trial in the Florida action to address the jurisdictional findings. The Florida court considered whether the motion supplied a basis to alter its earlier decree.
A motion for new trial must be filed no later than twenty-eight days after entry of judgment. The deadline is strict and applies regardless of the ground asserted. An untimely motion deprives the court of authority to grant relief under the rule.
A motion grounded on newly discovered evidence must be filed within three years after the verdict or finding of guilty. If an appeal is pending the district court may not grant the motion until the appellate court remands the case.
…opinion, Nov. 28, 1956. The full faith and credit question was first raised in the Delaware litigation by an unsuccessful motion for new trial filed with the Chancellor Jan. 20, 1956. After the Florida Supreme Court decision the matter was renewed by a motion to remand filed with the Delaware Supreme Court. In a decision of Jan.…
…No less stringent rules should be applied by the reviewing court in such a case than those which govern in the consideration of motions for new trial because the verdict is against the evidence. It must be made clearly to appear that upon the evidence the court ought to have found the juror had formed such an opinion that he could not in…
…the profound importance of finality in criminal proceedings. Moreover, it comports with the widely used standard for assessing motions for new trial based on newly discovered evidence. See Brief for United States as Amicus Curiae 19-20, and nn. 10, 11. Nevertheless, the standard is not quite appropriate. Even when the specified…
…and of his malice aforethought, killed and murdered one Sol Blackwell. He was found guilty of the charge in the indictment. A motion for a new trial
…to the submission of the case to the jury"); Burks v. United States , 437 U. S. 1, 17-18 (under federal law a post-trial
Any motion grounded on a reason other than newly discovered evidence must be filed within fourteen days after the verdict or finding of guilty. Filing after that period deprives the court of power to grant relief on those grounds.
Yes. A motion to amend findings under Rule 52 may accompany a motion for new trial under Rule 59. The court may open the judgment, take additional testimony, amend findings, and enter a new judgment after a nonjury trial.
The party is barred on appeal from arguing that the evidence was legally insufficient to support the verdict. The failure to move for a new trial or for judgment as a matter of law waives the sufficiency argument.