Georgia Motion for New Trial

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State:
Multi-State
Control #:
US-00849
Format:
Word; 
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Description

This is a Motion for New Trial. This motion is filed by the Defendant's attorney, asking that the court grant a new trial to his/ her client. In the motion, he/ she lists reasons why his/ her client should be entitled to a new trial. This form may be tailored to fit your specific needs, and it is applicable in all states.
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FAQ

A judge may grant a new trial based on the following grounds: The verdict returned goes against the evidence and violates justice. The verdict returned is against the weight of the evidence presented. The trial court committed an error through an illegal admission or exclusion of evidence.

(1) Newly Discovered Evidence. Any motion for a new trial grounded on newly discovered evidence must be filed within 3 years after the verdict or finding of guilty. If an appeal is pending, the court may not grant a motion for a new trial until the appellate court remands the case.

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.

Some examples that your lawyer may request as part of their motion for discovery are: Photos or videos of the crime scene. Witness statements. Police reports or notes. Lab tests and reports. Alibi witness statements.

Penal Code section 1181 governs motions for a new trial based on newly discovered evidence.

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.

The grounds for the motion are that the final judgment is inconsistent with the evidence presented during the trial and contrary to laws governing the issues contested in the trial.

Further, under double jeopardy law, if a defendant has already served their sentence, then they cannot be tried again, even with new evidence that would have increased the criminal punishment.

What is a Motion for a New Trial in Divorce? In Georgia, a Motion for a New Trial may be used by either party in a divorce or family law matter to challenge the court's final judgment.

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Georgia Motion for New Trial