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 Illinois, a motion for a new trial is governed by the Illinois Code of Civil Procedure. This motion can be filed by a party who believes that significant errors occurred during the trial, which resulted in an unfair trial. The errors could be related to improper admission or exclusion of evidence, errors in the judge's instructions to the jury, juror misconduct, or other issues that could have affected the trial's outcome. The motion must typically be filed within 30 days after the entry of judgment, although specific time limits and procedures can vary depending on the type of case and the court. If the court finds that errors were indeed made and they were substantial enough to have affected the trial's outcome, it has the discretion to grant a new trial. The decision to grant a new trial is at the judge's discretion and is subject to appellate review.