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At any time before a judgment of conviction becomes final, the court may, on motion of the accused or at its own instance but with the consent of the accused, grant a new trial or reconsideration.
EFFECTS OF GRANTING NEW TRIAL OR RECONSIDERATION f0b4When new trial is granted on the ground of: 1. Errors of law or irregularities committed during trial, all the proceedings and evidence affected thereby shall beset aside and take a new. f0b4The court may in the interest of justice, allow the introduction of new evidence.
Fraud, accident, mistake or excusable negligence. Newly discovered evidence. Damages awarded were excessive. Insufficient evidence to support.
Fraud, accident, mistake or excusable negligence.Newly discovered evidence.Damages awarded were excessive.Insufficient evidence to support.
The appeals courts do not usually consider new witnesses or new evidence. Appeals in either civil or criminal cases are usually based on arguments that there were errors in the trial's procedure or errors in the judge's interpretation of the law.
Write a motion for reconsideration. You must explain why you think the ruling is wrong and the reason must be one of the nine reasons listed in Civil Rule 59(a) (on back of page). 2. File the motion within ten calendar days after the judge or court commissioner made the ruling.
Section 1. New trial or reconsideration. At any time before a judgment of conviction becomes final, the court may, on motion of the accused or at its own instance but with the consent of the accused, grant a new trial or reconsideration.
Defendants typically make motions for new trials after guilty verdicts. In some jurisdictions, the trial judge can order a new trial without a defendant asking.But in some instances the prosecution can appeal a trial judge's grant of a new trial, and it can usually appeal a new trial order by an appellate court.