Legal Definitions - new trial

Definition: A postjudgment retrial or reexamination of some or all of the issues determined in an earlier judgment. The trial court may order a new trial by motion of a party or on the court's own initiative. Also, when an appellate court reverses the trial court's judgment, it may remand the case to the trial court for a new trial on some or all of the issues on which the reversal is based.

• If a defendant is found guilty in a criminal trial, they may request a new trial if they believe there were errors in the previous trial that affected the outcome.
• In a civil trial, if new evidence is discovered after the trial that could have affected the outcome, the court may order a new trial to consider the new evidence.

These examples illustrate how a new trial can be requested or ordered in both criminal and civil cases if there are concerns about the fairness or accuracy of the previous trial.