Also known as: new trial motions · motion for new trial · motions for new trial · motion for a new trial
Written by attorneys · grounded in primary & secondary sources — see below
A post-trial motion by which a party asks the court to vacate a judgment or verdict and order a new trial. The motion is granted when the interest of justice so requires or when specified grounds such as inconsistent jury findings, newly discovered evidence, or errors in the proceedings are shown. In civil cases the motion must be filed no later than twenty-eight days after entry of judgment. In criminal cases the deadline is fourteen days after the verdict or finding of guilty unless the motion rests on newly discovered evidence, in which case the deadline is three years.
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Nestor Navarro obtained a jury verdict against Nexus Financial. Judgment was entered on March 1. On March 30 Navarro filed a motion for new trial claiming inconsistent special verdicts. The court denied the motion because it was filed more than twenty-eight days after judgment.
Natasha Nielsen was convicted after a bench trial. Nearly two years later her lawyer discovered encrypted messages showing the key government witness had fabricated testimony. Nielsen filed a motion for new trial based on the messages. The court could consider the motion because it was filed within three years of the finding of guilt.
Nikhil Narayan lost a nonjury contract case. Within twenty-eight days he moved for a new trial and asked the court to amend its findings on damages. The court opened the judgment, took additional testimony on the damage calculation, and entered a revised judgment.
Nicholas Nunez was convicted by jury. Twelve days after the verdict his lawyer moved for a new trial claiming juror misconduct. The court denied the motion because it was filed after the fourteen-day deadline that applies to grounds other than newly discovered evidence.
Nina Nielsen lost an equitable claim after a nonjury trial. She moved for a new trial and offered a post-trial affidavit from a key witness. The court opened the judgment, took the additional testimony, amended its findings, and entered a new judgment in her favor.
Naveen Nanda was convicted after trial. On collateral review he moved for a new trial asserting that his lawyer failed to investigate an alibi witness. The court evaluated whether counsel's performance fell below an objective standard of reasonableness and whether the deficiency prejudiced the outcome.
A motion for a new trial in a civil case must be filed no later than twenty-eight days after the entry of judgment. The deadline is strict and the court lacks authority to grant an untimely motion.
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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.
…the verdict may be twice submitted by the complaining defendant to the common sense of trained judicial minds, once on motion for new trial and again on appeal, and it must be a rare instance when an unjustifiable award escapes correction." C. McCormick, supra , § 77, p. 278. The Court points to absolutely no empirical…
…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
…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…
…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
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Any motion grounded on reasons other than newly discovered evidence must be filed within fourteen days after the verdict or finding of guilty. A motion filed after that period is untimely and must be denied.
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Yes. A motion to amend findings under Rule 52(b) may accompany a motion for a new trial under Rule 59. The court may then amend findings or take additional testimony and enter a new judgment.
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The motion is untimely under Rule 59(b). The court must deny it without reaching the merits because the twenty-eight-day deadline is jurisdictional and admits no exception on these facts.
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