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 Kansas, a motion for a new trial is governed by the Kansas Code of Civil Procedure, specifically K.S.A. 60-259. This statute allows a party to file a motion for a new trial within 30 days after the entry of judgment, based on various grounds such as misconduct of the jury, newly discovered evidence that could not have been obtained with reasonable diligence before the trial, errors of law occurring at the trial, or the verdict being against the weight of the evidence. The purpose of this motion is to address issues that may have significantly affected the trial's outcome and to ensure the fairness of the judicial process. If the court finds that a significant error occurred and prejudiced the party's rights, it may grant a new trial. The decision to grant a new trial is at the discretion of the trial court, and such decisions are subject to review by appellate courts if an appeal is filed.