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 Oregon, a motion for a new trial is governed by the Oregon Rules of Civil Procedure (ORCP) Rule 64. This rule allows a party to request a new trial from the trial court on several grounds, including irregularity in the proceedings, misconduct of the jury or prevailing party, accident or surprise, newly discovered evidence, insufficient evidence to justify the verdict, error in law, and others. The motion must be filed within a specified time frame, typically 10 days after the entry of the judgment. The court has discretion to grant or deny the motion, and its decision is based on whether the alleged errors were substantial enough to have affected the outcome of the trial. If the motion is granted, the court may order a new trial on all or some of the issues. It's important to note that the standards and procedures for a motion for a new trial can be complex, and an attorney can provide guidance specific to the case at hand.