North Carolina 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

This rule specifically provides that "a motion for a directed verdict which is not granted is not a waiver of trial by jury even though all parties to the action have moved for directed verdicts".

Although players in sports such as cricket and soccer may share political slogans and public opinions during their games, the International Olympic Committee (IOC) made its stance clear: Rule 50 of the Olympic Charter stands and states that there shall be ?no kinds of demonstration or political, religious, or racial ...

In relevant part, Rule 50 provides: (a) Judgment as a Matter of Law. (B) grant a motion for judgment as a matter of law against the party on a claim or defense that, under the controlling law, can be maintained or defeated only with a favorable finding on that issue. (2) Motion.

On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.

Typically encompassed by these rules, North Carolina Rule of Civil Procedure 60(b) allows a trial court to ?relieve a party or his legal representative from a final judgment, order, or proceeding? for a number of specified reasons based in equity.

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.

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.

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North Carolina Motion for New Trial