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Litigation & Court Documents

How to Write a Motion for a New Trial

A motion for a new trial is a narrow window to fix a trial-level error before an appeal — and it has strict, unforgiving deadlines.

6 min read

A motion for a new trial asks the trial court itself to set aside a verdict and order a new trial, based on errors that affected the outcome — before the case moves to the appellate process.

Common grounds

Jury misconduct, newly discovered evidence, an excessive or inadequate damages award, or significant errors in jury instructions are typical bases — each requiring a different kind of supporting record.

Preserve the error at trial first

For most grounds, the alleged error needs to have been objected to at the time it happened during trial. A motion built on an error that was never raised in the moment faces a much steeper climb.

Newly discovered evidence has its own bar

This ground typically requires showing the evidence couldn't have been discovered with reasonable diligence before trial, and that it would likely have changed the outcome — not just that it's newly available now.

The deadline is short and rarely extended

Motions for a new trial usually have to be filed within a matter of days after judgment, and this deadline can also affect when the clock starts for filing an appeal — timing has to be managed carefully alongside appellate deadlines.

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