A motion for new trial is a procedure that allows the trial court to order a new trial to correct significant errors in the previous trial that prevented a party from receiving a fair trial.
In California, a motion for new trial is governed by the California Code of Civil Procedure (CCP) sections 656 through 663.2. This procedure allows a party to request a new trial on the grounds of jury misconduct, accident or surprise, newly discovered evidence, excessive or inadequate damages, error in law, or other reasons that prevented a fair trial. The motion must be filed within a specified time frame, typically no later than 15 days after the court clerk mails the notice of entry of judgment or 180 days after entry of judgment, whichever is earlier. The court will then consider whether there were significant errors in the conduct of the trial that resulted in an unjust verdict or decision. If the court grants the motion, a new trial is ordered, allowing the parties to present their case again. It is important to note that the decision to grant a motion for new trial is at the discretion of the trial court, and such decisions can be appealed to a higher court.