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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 New York, a motion for a new trial is governed by the New York Civil Practice Law and Rules (CPLR) and the Criminal Procedure Law (CPL), depending on whether the case is civil or criminal. For civil cases, a motion for a new trial is typically made under CPLR Article 44, which allows for such a motion on the basis of juror misconduct, newly discovered evidence, or a verdict that is against the weight of the evidence, among other reasons. In criminal cases, CPL Section 330.30 provides the basis for a defendant to request a new trial due to errors such as improper admission of evidence, prosecutorial misconduct, or new evidence that could not have been produced at the original trial with due diligence. The motion must generally be made within a specific time frame after the verdict or decision, and the decision to grant a new trial is at the discretion of the trial court, subject to appellate review.

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Civil procedure

new trial

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Civil procedure

new trial

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