Arizona Motion for New Trial
Description
How to fill out Motion For New Trial?
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FAQ
After the close of evidence on either side, and on motion or on its own, the court must enter a judgment of acquittal on any offense charged in an indictment, information, or complaint if there is no substantial evidence to support a conviction.
A new trial may be granted on motion of the defendant if the defendant produces clear and convincing evidence not previously considered that undermines in a material way the State's theory of guilt, or that directly contradicts the evidence used to convict, and which produces a reasonable likelihood of a different ...
Rule 48 - Stipulations on Jury Size and Verdict (a) Jury Size. The parties may stipulate to a jury of fewer than 8 but not fewer than 3 members, exclusive of any alternate jurors who are permitted to deliberate. (b) Verdict.
The most common post-trial motions include: Motion to set aside the verdict. Motion for a new trial. Motion to dismiss.
In law, a retrial is a new trial for a case that's already been tried, or that's had its trial halted because of a hung jury or another disqualifying reason.
For example, Rule 59 discusses a motion to alter or amend a judgment. Rule 60 deals with relief from judgment and Rule 50 of the Arizona Rules of Civil Procedure states: Rule 50. Judgment as a Matter of Law in Actions Tried by Jury; Alternative Motion for New Trial; Conditional Rulings.
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.
A party files a motion for a new trial, and a court may grant a retrial if there was a significant error of law, a verdict going against the weight of the evidence, irregularity in the court proceeding, jury or prosecutorial misconduct, newly discovered material evidence, or improper damages.