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Within thirty (30) days after the entry of judgment a party who has moved for a directed verdict may move to have the verdict and any judgment entered thereon set aside and to have judgment entered in ance with the party's motion for a directed verdict; or if a verdict was not returned, such party, within thirty ...
The grounds for granting a motion for a new trial include a significant error of law, verdict going against the weight of evidence, irregularity in the court proceeding, jury misconduct, newly discovered material evidence, and improper damages.
RULE 35. The order may be made only on motion for good cause shown and upon notice to the person to be examined and to all parties and shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made.
After a nonjury trial, the court may, on motion for a new trial, open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new ones, and direct the entry of a new judgment.
: a repeat inquiry by the same court into all or some of the issues in an action for the purpose of correcting a problem (as the improper admission of evidence) in the prior trial, determining the merits of a challenge (as that the verdict is contrary to law) to the prior outcome, or considering newly discovered ...
A party files a motion for a new trial, and a court may grant a retrial if there was a significant error of law, a verdict going against the weight of the evidence, irregularity in the court proceeding, jury or prosecutorial misconduct, newly discovered material evidence, or improper damages.
In your motion for new trial, you have make an allegation of some type of prosecutorial misconduct or a legal error that substantially interfered with your constitutional right to a fair and impartial trial. This type of motion is an important part of the criminal case process in California.
Motion for a new trial. n. a request made by the loser for the case to be tried again on the basis that there were significant legal errors in the way the trial was conducted and/or the jury or the judge sitting without a jury obviously came to an incorrect result.