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 South Carolina, a motion for a new trial is a post-trial motion that can be filed by a party who believes that significant errors occurred during the trial, which resulted in an unfair outcome. According to the South Carolina Rules of Civil Procedure, Rule 59, a motion for a new trial must be made no later than 10 days after the entry of the judgment. The motion should specify the grounds for seeking a new trial, which may include errors of law made by the court, juror misconduct, newly discovered evidence, or that the verdict is against the weight of the evidence. If the trial court grants the motion, a new trial is ordered, and the case is reheard. This process is designed to ensure that the parties receive a fair trial and that justice is served. If the motion for a new trial is denied, the party may then appeal the decision to a higher court.