Oregon Motion for New Trial
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How to fill out Motion For New Trial?
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FAQ
If a judge tries the case, the judge's decision is called a judgment. If a jury tries the case, the jury's decision is called a verdict. In determining a defendant's guilt or innocence, the judge or jury can consider only the testimony of witnesses and any evidence properly admitted during the trial.
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.
If a new trial is granted by the court on its own initiative, the order shall so state and shall be made within 30 days after the entry of the judgment. Such order shall contain a statement setting forth fully the grounds upon which the order was made, which statement shall be a part of the record in the case.
A motion for directed verdict is a motion by a party asking the trial judge to issue a ruling after determining that there is no legally sufficient evidentiary basis for a reasonable jury to reach a different conclusion.
A Motion to Set Aside a Conviction, if granted by the court, sets aside the record of conviction and the applicant is deemed not to have been previously convicted. The court orders the record of the conviction, and any other official records in the case, to be sealed.
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.
A motion for judgment notwithstanding the verdict (JNOV) is a motion asking the court to enter a judgment disregarding the verdict rendered by the jury. The motion argues that no reasonable jury could reach the verdict that the jury reached in the particular case.
?Non obstante veredicto? is Latin and translates literally to ?not standing in the way of a verdict.? The Latin phrase means ?notwithstanding the verdict.? A JNOV is a judgment signed by the trial court judge which is contrary to a verdict which has been returned by the jury.