Ohio Motion for New Trial

Category:
State:
Multi-State
Control #:
US-00849
Format:
Word; 
Rich Text
Instant download

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

Motions for reconsideration shall be filed within ten calendar days of mailing of the final order. If a motion for reconsideration has been filed, and if no appeal has been filed in a court of common pleas, then the board may issue a stay of the final order pending the reconsideration.

(2) All cases submitted for determination after a court trial shall be decided within ni nety days from the date the case was subm i tted. (3) All motions shall be ruled upon within one hundred twenty days from the date the moti on was filed, except as otherwi se noted on the report forms.

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.

A new trial may be granted on motion of the defendant for any of the following causes affecting materially the defendant's substantial rights: (1) Irregularity in the proceedings, or in any order or ruling of the court, or abuse of discretion by the court, because of which the defendant was prevented from having a fair ...

What is a retrial? This is a trial that takes place for a second time to decide whether a Defendant is guilty or not guilty. The same parties come to Court again, the Defendant faces the same charges but new evidence can be called.

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.

On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order or proceeding for the following reasons: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time ...

A motion for judgment as a matter of law may be made at any time before the case is submitted to the jury. The motion must specify the judgment sought and the law and facts that entitle the movant to the judgment.

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Ohio Motion for New Trial