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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 Louisiana, a motion for new trial is governed by the Louisiana Code of Civil Procedure (LCCP) and is a post-trial motion that can be filed by a party seeking to have a new trial on the basis of certain errors that occurred during the original trial. According to Article 1972 of the LCCP, a motion for new trial may be granted if the verdict or judgment appears to be contrary to the law and the evidence, if new and material evidence that could not have been discovered with due diligence before or during the trial has been found, or if there is a discovery of fraud or other misconduct of an adverse party, among other reasons. The motion must be filed within seven days, not including holidays, after the jury verdict is signed or the judgment is rendered, unless the court grants an extension. If granted, the new trial may cover all or some of the issues in the case. It is important for parties considering such a motion to consult with an attorney to ensure compliance with the relevant procedural rules and to present a compelling argument for why a new trial is warranted.

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Civil procedure

new trial

Individual & Family Legal Plan

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Louisiana State Code

Louisiana State Code

Civil procedure

new trial

Articles