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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 Ohio, a motion for a new trial is governed by the Ohio Rules of Civil Procedure, specifically Rule 59. This rule allows a party to request a new trial on several grounds, including but not limited to, irregularity in the proceedings, misconduct of the jury or prevailing party, accidents or surprise which ordinary prudence could not have guarded against, newly discovered evidence which could not have been discovered in time for the trial with due diligence, excessive or inadequate damages appearing to have been given under the influence of passion or prejudice, and errors in the trial that materially affected the party's substantial rights. The motion must generally be filed within 28 days after the entry of judgment, unless it is based on newly discovered evidence, in which case the motion must be filed within a reasonable time after discovering the evidence. The decision to grant a new trial is at the discretion of the trial court, and such decisions are reviewed on appeal for an abuse of discretion.

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Civil procedure

new trial

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Civil procedure

new trial

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