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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 South Dakota, a motion for a new trial is governed by state procedural rules, specifically under SDCL (South Dakota Codified Laws) Chapter 15-6, Rule 59. This rule allows a party to request a new trial on various grounds, including but not limited to, errors of law occurring at the trial, newly discovered evidence that could not have been obtained with reasonable diligence before or during the trial, misconduct of the jury or prevailing party, or a verdict that is against the clear weight of the evidence. The motion must generally be filed within a specified time frame after the entry of judgment, usually within 10 days. The trial court then reviews the motion and decides whether to grant a new trial based on the alleged errors or issues that may have affected the fairness of the original trial. If the motion is granted, the parties may have to re-litigate some or all of the issues in the case. It is important for parties considering such a motion to consult with an attorney to understand the specific legal standards and procedural requirements that apply.

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Civil procedure

new trial

Individual & Family Legal Plan

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South-Dakota State Code

Civil procedure

new trial

South-Dakota State Code

Articles