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Civil procedure

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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 Montana, a motion for a new trial is governed by the Montana Rules of Civil Procedure, specifically Rule 59. This rule allows a party to request a new trial on all or some of the issues for reasons including, but not limited to, errors of law at the trial, the verdict being against the weight of the evidence, newly discovered evidence that could not have been obtained with reasonable diligence before or during the trial, misconduct of the jury or prevailing party, or a verdict that is excessive or inadequate. The motion must generally be filed within 10 days after the entry of the judgment. The court then considers whether there were significant errors during the trial that affected the party's rights to a fair trial. If the court finds such errors, it may grant a new trial to rectify the situation. This process is designed to ensure justice is served by allowing the correction of substantial mistakes that could have influenced the trial's outcome.

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Civil procedure

new trial

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Civil procedure

new trial

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