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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 Utah, a motion for a new trial is governed by Rule 59 of the Utah Rules of Civil Procedure. This rule allows a party to request a new trial on all or some of the issues for reasons including, but not limited to, errors of law made by the court, misconduct of the jury or a party, newly discovered evidence that could not have been obtained with reasonable diligence before or during the trial, and if the verdict is against the clear weight of the evidence or is based upon false evidence. The motion must generally be filed no later than 28 days after the entry of the judgment. The court then considers whether any alleged errors were substantial enough to have affected the outcome of the trial and whether it is necessary to grant a new trial to prevent a miscarriage of justice. The decision to grant a new trial is at the discretion of the trial court, and such decisions are reviewed on appeal under an abuse of discretion standard.

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Civil procedure

new trial

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Civil procedure

new trial

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