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 Virginia, a motion for a new trial is governed by the Virginia Rules of Court, specifically Rule 3:20. This rule allows a party to file a motion for a new trial within 21 days after the entry of a final judgment, unless otherwise provided by law. The motion must clearly state the grounds upon which it is based. Common grounds for a new trial include significant procedural errors, the discovery of new evidence that could not have been obtained with reasonable diligence before or during the trial, or misconduct by the jury or a party. The decision to grant a new trial is at the discretion of the trial court, and such a decision can be appealed. If the court finds that errors were made that substantially affected the rights of a party and prevented a fair trial, it may order a new trial to rectify these issues.