Virginia Motion for New Trial
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How to fill out Motion For New Trial?
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FAQ
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.
Five days' notice is required to the opposing party and the court. Motions may be typed by either party, may be filed on the General Notice and Motion Form or may be filed on one of the appropriate forms provided by the Supreme Court of Virginia (located here).
With respect to defendants who do not appear voluntarily or file responsive pleadings or waive service of process, the clerk must issue summonses and securely attach one to and upon the front of each copy of the complaint to be served.
Rule 3A:15 - Motion to Strike or to Set Aside Verdict; Judgment of Acquittal or New Trial (a)Motion to Strike Evidence.
Rule 3A:12 - Subpoena (a)For Attendance of Witnesses. - (1) A subpoena for the attendance of a witness to testify before a court not of record may be issued by the judge, clerk, magistrate, attorney for the Commonwealth or by the attorney for the accused.
(1) Permit the Commonwealth to inspect and copy or photograph any written reports of autopsy examinations, ballistic tests, fingerprint analyses, handwriting analyses, blood, urine and breath analyses, and other scientific testing within the accused's possession, custody or control that the defense intends to proffer ...
Rule . ? All final judgments, orders, and decrees, irrespective of terms of court, remain under the control of the trial court and may be modified, vacated, or suspended for twenty-one days after the date of entry, and no longer.
The complaint must consist of sworn statements of a person or persons of facts relating to the commission of an alleged offense. The statements must be made upon oath before a magistrate empowered to issue arrest warrants.