Legal Definitions - motion for a new trial

A motion for a new trial is a request made by the losing party in a court case to have the case tried again. This request is made on the basis that there were significant legal errors in the way the trial was conducted or that the judge or jury came to an incorrect result.

This motion must be made within a few days after the judgment is formally entered and is usually heard by the same judge who presided over the trial. However, it is seldom granted unless there is a clear error that any judge would recognize.

Some lawyers believe that filing a motion for a new trial helps to add to the record of argument leading to an appeal of the case to an appeals court.

John was accused of stealing a car and was found guilty by a jury. However, John's lawyer believes that the jury made a mistake and that John is innocent. The lawyer files a motion for a new trial, arguing that the jury did not consider all the evidence presented.

In this example, John's lawyer is requesting a new trial based on the argument that the jury came to an incorrect result.