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 New Jersey, a motion for a new trial is governed by Rule 4:49-1 of the New Jersey Court Rules. This rule allows a party to file a motion for a new trial within 20 days after the jury's verdict or the court's decision if no jury was present. The grounds for such a motion include, but are not limited to, errors in the trial that resulted in an unjust verdict, newly discovered evidence that could alter the outcome of the trial, misconduct by the jury or parties, or a verdict that is against the weight of the evidence presented. The trial court has discretion to grant or deny the motion, and its decision can be appealed to a higher court. If the motion is granted, the court may order a new trial on all or some of the issues. The purpose of this procedure is to ensure that a party receives a fair trial and to correct any significant errors that may have occurred during the original trial.