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A point in a motion for new trial is a prerequisite to the following complaints on appeal: (1) A complaint on which evidence must be heard such as one of jury misconduct or newly discovered evidence or failure to set aside a judgment by default; (2) A complaint of factual insufficiency of the evidence to support a jury
If the 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 the defendant's guilt or innocence, the judge or jury can consider only the testimony or witnesses and any evidence admitted during the trial.
Judges are very reluctant to overturn a jury verdict. Jury verdicts are statements of the community. Therefore they are given great respect. Furthermore in a criminal case, a judge cannot overturn a verdict of not guilty as that would violate a defendant's 5th amendment right.
The motion for new trial generally must be filed within 30 days of the date the judge signs a judgment, and that time cannot be extended. So timing is critical on these motions in Texas.
Definition. A jury's findings or conclusions on the factual issues presented by a case. Sometimes, the term also refers to the judge's resolution of issues in a bench trial.
The motion for new trial generally must be filed within 30 days of the date the judge signs a judgment, and that time cannot be extended. So timing is critical on these motions in Texas.
A motion for new trial filed in criminal case in a Court of First Instance may be based either (1) on the ground of errors of law or irregularities committed during the trial in its general sense, that is, errors of law committed during the period from the arraignment to the rendition of the judgment, prejudicial to
When there are insufficient jurors voting one way or the other to deliver either a guilty or not guilty verdict, the jury is known as a hung jury or it might be said that jurors are deadlocked. The judge may direct them to deliberate further, usually no more than once or twice.
A judgment by the trial judge after a jury has issued a verdict, setting aside the jury's verdict and entering a judgment in favor of the losing party without a new trial. A JNOV is very similar to a directed verdict except for the timing within a trial.
(a) Motion for new trial, if filed, shall be filed prior to or within thirty days after the judgment or other order complained of is signed. (b) One or more amended motions for new trial may be filed without leave of court before any preceding motion for new trial filed by the mov.