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Civil procedure

new trial

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 Colorado, a motion for a new trial is governed by the Colorado Rules of Civil Procedure, specifically Rule 59. This rule allows a party to request a new trial from the trial court on several grounds, including but not limited to errors in the jury instructions, newly discovered evidence that could not have been obtained with reasonable diligence before or during the trial, misconduct of the jury or a party, a verdict that is against the weight of the evidence, or errors of law that occurred during the trial. The motion must be filed within a specified time frame, typically within 14 days after the entry of judgment. The decision to grant a new trial is at the discretion of the trial court, and such a decision can be appealed to a higher court. It's important for parties considering this motion to consult with an attorney to ensure that their rights are adequately protected and the proper procedures are followed.

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Civil procedure

new trial

Individual & Family Legal Plan

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Colorado State Code

Civil procedure

new trial

Colorado State Code

Articles