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EFFECTS OF GRANTING NEW TRIAL OR RECONSIDERATION f0b4When new trial is granted on the ground of: 1. Errors of law or irregularities committed during trial, all the proceedings and evidence affected thereby shall beset aside and take a new. f0b4The court may in the interest of justice, allow the introduction of new evidence.
A motion is a way to ask the court for certain action. The party will move the court for an order or other action. This subchapter concerns usual pretrial motions, such as motions to dismiss and motions for summary judgment, but will not deal with discovery motions.
At any time before a judgment of conviction becomes final, the court may, on motion of the accused or at its own instance but with the consent of the accused, grant a new trial or reconsideration.
21 provides that misjoinder of parties is not ground for dismissal of an action, and that parties may be dropped or added by court order on motion of any party or of the court's own initiative at any stage in the action and on such terms as are just.
Section 1. New trial or reconsideration. At any time before a judgment of conviction becomes final, the court may, on motion of the accused or at its own instance but with the consent of the accused, grant a new trial or reconsideration.
A "motion" is simply a formal request to a court that it do something or decide an issue in favor of the party that asks for it. "Granted" means the court agreed with the request, and did or decided in favor of the requester.
Defendants typically make motions for new trials after guilty verdicts. In some jurisdictions, the trial judge can order a new trial without a defendant asking.But in some instances the prosecution can appeal a trial judge's grant of a new trial, and it can usually appeal a new trial order by an appellate court.
Effect of a Rule 12 Motion - Absent a court order setting a different time, a Rule 12 motion extends the time to file a responsive pleading until 14 days after the court's denial of the motion or deferral to trial or, if more definite statement ordered, 14 days after service of the more definite statement. FED.
Fraud, accident, mistake or excusable negligence.Newly discovered evidence.Damages awarded were excessive.Insufficient evidence to support.