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)].