Motion for New Trial Law and Legal Definition
A motion for new trial is a request made before a court to set aside an erroneous judgment. A motion for new trial is the proper course to be taken in preserving alleged jury misconduct error for appeal. [Trout v. State, 702 S.W.2d 618, 620 (Tex. Crim. App. 1985)]
Pursuant to USCS Fed Rules Civ Proc R 59, a court may, on motion, grant a new trial on all or some of the issues and to any party as follows:
(A) after a jury trial, for any reason for which a new trial has heretofore been granted in an action at law in federal court; or
(B) after a nonjury trial, for any reason for which a rehearing has heretofore been granted in a suit in equity in federal court.
A motion for a new trial must be filed within 28 days of the entry of a judgment. When a motion for a new trial is based on affidavits, they must be filed with the motion. The opposing party has 14 days after being served to file opposing affidavits. The court also permits reply affidavits. [USCS Fed Rules Civ Proc R 59].
However, a motion for new trial need not be filed as a prerequisite to an appeal. It is not necessary that the assignments of error be related to the motion for new trial in the event a motion for new trial is filed in a cause so tried. [Neeley v. County of Tarrant, 132 Tex. 357, 364 (Tex. 1939)].
Legal Definition list
- Motion for More Definite Statement
- Motion for Leave
- Motion for Judgment on the Pleadings
- Motion for Judgment of Acquittal
- Motion for Judgment Notwithstanding the Verdict/Motion for Judgment N.O.V
- Motion for New Trial
- Motion for Nolle Prosequi
- Motion for Permission to Withdraw Appearance
- Motion for Protective Order
- Motion for Relief from Stay and Abandonment (Bankruptcy)
- Motion for Relief From the Judgment
Related Legal Terms
- 1040 Form
- A Fortiori
- A Fortiori Argument
- Abbreviated New Drug Applications [ANDA]
- Absent Uniformed Services Voter
- Academy for International Conflict Management and Peacebuilding [USIP]
- Acceptance for Value
- Access to Classified Information (Military)
- Accessory Before The Fact
- Accompanying the Armed Forces outside the United States
