Legal Definitions - Motion For New Trial

A motion for new trial is a request made by a party after a trial has concluded, asking the court to vacate the judgment and order a new trial to re-examine some or all of the matters from the concluded trial.

This motion can be made by any party, whether it was a jury trial or a bench 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.

For example, if a jury was found to have been influenced by outside factors, such as media coverage or personal relationships, a motion for a new trial could be filed based on jury misconduct.

In response to a motion for a new trial for either insufficient or excessive damages, a court may order remittitur or additur, to avoid holding a new trial.

In many jurisdictions, a party must move for a new trial in order to raise the issue on appeal. In federal court, Federal Rule of Civil Procedure 59 governs motions for a new trial.

Often a motion for new trial is made together with a motion for judgment as a matter of law (JMOL) or judgment notwithstanding the verdict (JNOV).