South Carolina Request For New Trial Reconsideration Or Amendment Following Bench Trial is a legal document filed by a party in the event of a conviction or sentence following a bench trial in the state of South Carolina. The request is used to challenge or reconsider the decision of the court and may include an amendment to the ruling. There are two types of South Carolina Request For New Trial Reconsideration Or Amendment Following Bench Trial: 1) Request for Reconsideration and 2) Request for Amendment. Request for Reconsideration is a request for the court to reconsider its decision and may include a request for a new trial or for the court to modify its ruling. Request for Amendment is a request for the court to amend its ruling to either change the sentence or to add or remove facts that were not considered during the trial. In both types of requests, the party must provide evidence to demonstrate why the court's decision should be reconsidered or amended. The court will then review the evidence and may grant the request or deny it.
South Carolina Request For New Trial Reconsideration Or Amendment Following Bench Trial
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FAQ
FRCP Rule 12(b) pertains to pretrial motions, and 12(b)(6) specifically deals with motions to dismiss for failure to state a claim upon which relief can be granted. As a practical matter, Rule 12(b)(6) motions are rarely successful, and when they are, their success usually has more to do with the judge than the law.
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.
A motion to reconsider is a post-trial motion where you to ask the Judge who heard your case to amend his or her ruling. This is done for two primary reasons: One, you believe the Judge misunderstood your case, which led to the wrong decision. Two, the Judge failed to rule on an issue in your case.
Upon written request of the prosecution, the defendant shall within ten days or at such time as the court may direct, notify the prosecution in writing of the defendant's intention to rely upon the defense of insanity at the time of the crime or to enter a plea of guilty but mentally ill.
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.
Rule 203(b)(1), South Carolina Appellate Court Rules (SCACR), requires notice of appeal be served within thirty days after receiving written notice of entry of an order or judgment. While the notice of appeal must be served upon parties, there is no such requirement as to the written notice of entry of a judgment.
Rule 59(e): Motion to Alter or Amend a Judgment Rule 59(e) authorizes a motion to alter or amend a judgment. A Rule 59(e) motion must be filed no later than 28 days after the entry of the judgment. This is a strict time limit, and the court has no authority to grant more time.