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The most common post-trial motions include: Motion to set aside the verdict. Motion for a new trial. Motion to dismiss.
Common pre-trial motions include: Motion to Dismiss ? an attempt to get the judge to dismiss a charge or the case. ... Motion to Suppress ? an attempt to keep certain statements or evidence from being introduced as evidence. ... Motion for Change of Venue ? may be made for various reasons including pre-trial publicity.
Common post-trial motions include: Motion for a New Trial ? The court can vacate the judgment and allow for a new trial. ... Motion for Judgment of Acquittal ? Court may set aside the jury's verdict and allow the defendant to go free.
An application to the court for an order shall be by motion, or in special cases, by order to show cause. A motion, other than one made during a trial or hearing, shall be by notice of motion in writing unless the court permits it to be made orally.
After a trial has ended, arguments are preserved for appeal through post-trial motions. Filing a post-trial motion is not a prerequisite to appeal; however, some arguments may be waived if not preserved by a post-trial motion.
In California courts, two of the major posttrial motions are the motion for judgment notwithstanding the verdict (JNOV) and the motion for new trial.
. (a)Grounds of Motion. A new trial may be granted to all or any of the parties and as to all or part of the issues on motion made to the trial judge.
When any document or paper is referred to in a pleading but is neither annexed thereto nor recited verbatim therein, a copy thereof shall be served on the adverse party within 5 days after service of his written demand therefor.