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 Vermont, a motion for a new trial is governed by Vermont Rule of Civil Procedure 59. This rule allows a party to request a new trial on all or some of the issues that were presented in the original trial. Grounds for such a motion can include errors of law made by the court, newly discovered evidence, misconduct by the jury or a party, or a verdict that is against the weight of the evidence. The motion must typically be filed within a certain time frame after the verdict or decision, usually within 28 days. If the court finds that any errors or issues cited in the motion significantly affected the outcome of the trial and prevented a fair trial, it may grant a new trial. The decision to grant a motion for a new trial is at the discretion of the trial court and is subject to review only for an abuse of that discretion.