Civil Procedure Motion For New Trial
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How to fill out Motion For An Order Of Contempt For Violation Of Injunction?
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FAQ
Under California law, a party must file a notice of intention to move for a new trial within 15 days after service of notice of entry of judgment. (§ 659.) The notice must state all grounds for the motion and must also state whether the motion is based on affidavits or the minutes of the court, or both.
Within 15 days of the date of mailing notice of entry of judgment by the clerk of the court pursuant to Section 664.5, or service upon him by any party of written notice of entry of judgment, or within 180 days after the entry of judgment, whichever is earliest; provided, that upon the filing of the first notice of ...
The party intending to move for a new trial must file with the clerk and serve upon each adverse party a notice of his intention to move for a new trial, designating the grounds upon which the motion will be made and whether the same will be made upon affidavits or the minutes of the court or both, either 1.
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.
Common post-trial motions include: Motion for a New Trial ? The court can vacate the judgment and allow for a new trial. This is rarely granted, but may be done ?if the interest of justice so requires.? Motion for Judgment of Acquittal ? Court may set aside the jury's verdict and allow the defendant to go free.