Massachusetts Motion for New Trial
Description
How to fill out Motion For New Trial?
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FAQ
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.
The most common post-trial motions include: Motion to set aside the verdict. Motion for a new trial. Motion to dismiss.
Rule 50(a) provides for a motion for judgment as a matter of law (JMOL) which may be made at any time before submission of the case to the jury. This was previously known as a motion for a directed verdict.
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.
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.
Rule 59 - New Trials: Amendment of Judgments (a) Grounds. A new trial may be granted to all or any of the parties and on all or part of the issues for any of the reasons for which rehearings have heretofore been granted in suits in equity in the courts of the Commonwealth.
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 30 of the Massachusetts Rules of Criminal Procedure, provides for Postconviction Relief, as it allows a defendant who has made an admission to sufficient facts, pleaded guilty, or been found guilty to file a motion for a new trial, vacating the conviction.