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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.
After-discovered evidence is an issue predominantly in criminal proceedings and may be used as the basis for a motion for a new trial. Courts employ a four-part test in determining whether to grant a new trial on this basis.
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.
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.
: a repeat inquiry by the same court into all or some of the issues in an action for the purpose of correcting a problem (as the improper admission of evidence) in the prior trial, determining the merits of a challenge (as that the verdict is contrary to law) to the prior outcome, or considering newly discovered ...
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 most common post-trial motions include: Motion to set aside the verdict. Motion for a new trial. Motion to dismiss.
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.