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- The meaning of NEW TRIAL is a repeat inquiry by the same court into all or some of the issues in an action for the purpose of correcting a problem (as the improper admission of evidence) in the prior trial, determining the merits of a challenge (as that the verdict is contrary to law) to the prior outcome, or considering newly discovered evidence.
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What is a new trial?
What is a motion for a new trial?
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What is an example of a new trial?
The grounds for granting a motion for a new trial include a significant error of law, verdict going against the weight of evidence, irregularity in the court proceeding, jury misconduct, newly discovered material evidence, and improper damages.
Apr 27, 2024 · On Thursday, New York’s highest court ruled that the trial judge who presided over the sex crimes case in Manhattan erred when he let several women testify that Mr. Weinstein had assaulted them...
Sep 8, 2023 · By Haylee Barber and Erik Ortiz. WALTERBORO, S.C. — Lawyers for convicted murderer Alex Murdaugh filed a motion Tuesday seeking a new trial, alleging they had uncovered evidence of jury ...
- New Trials Based on Legal Errors
- New Trials Based on Exculpatory Evidence
- Getting The Process Started
If a mistake of law during the trial was sufficiently significant, the judge might grant a new trial. As discussed above, motions for a new trial are reviewed by the same judge who made the alleged error. While it might seem unlikely that the judge would acknowledge a mistake, some trial judges would prefer to grant a motion for a new trial instead...
To grant a new trial on this basis, the exculpatory evidence needs to be sufficiently significant to potentially change the outcome of the case. The defense must show that they were unaware of the information during the trial and that they could not have discovered it during the course of the trial. Again, if the prosecution could have obtained a c...
In rare cases, a trial judge might order a new trial even without a motion by the defendant. More often, though, the defendant or their attorney will need to file a motion for a new trial. If the judge denies the motion, they have a right to appeal the denial. It is important to know that the prosecution does not have a right to ask for a new trial...
May 23, 2024 · The meaning of NEW TRIAL is a repeat inquiry by the same court into all or some of the issues in an action for the purpose of correcting a problem (as the improper admission of evidence) in the prior trial, determining the merits of a challenge (as that the verdict is contrary to law) to the prior outcome, or considering newly discovered evidence.
How It Works: Making a Motion for a New Trial. Defendants typically make motions for new trials after guilty verdicts. In some jurisdictions, the trial judge can order a new trial without a defendant asking. If the judge denies a motion for a new trial, the defendant can file an appeal asking a higher court to overrule the trial judge.
A new trial or retrial is a recurrence of a court case. A new trial may potentially be ordered for some or all of the matters at issue in the original trial. [1] . Depending upon the rules of the jurisdiction and the decision of the court that ordered the new trial, a new trial may occur if: [2] [3]
