A plaintiff prevailed at trial. The defendant believes that key legal errors occurred during the proceedings that affected the outcome. The defendant also has discovered new evidence that could not have been obtained earlier with reasonable diligence. Which motion should the defendant file to seek a remedy in this situation?
A motion for a new trial is the appropriate response when a party seeks to challenge the validity of a trial's outcome based on legal errors, jury misconduct, or the discovery of new and material evidence that could not have been uncovered earlier with reasonable diligence. The purpose of the motion is to request that the court set aside the previous judgment and schedule a new trial to ensure justice is served. Other motions, such as requesting relief from judgment, address different types of posttrial concerns, such as procedural defects like fraud or lack of jurisdiction but do not typically involve requests for an entirely new trial.
Ask Bash
Bash is our AI bot, trained to help you pass your exam. AI Generated Content may display inaccurate information, always double-check anything important.
What are legal errors in a trial context?
Open an interactive chat with Bash
What is the standard for 'new evidence' in filing a motion for a new trial?
Open an interactive chat with Bash
How does a motion for a new trial differ from a motion for relief from judgment?