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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 West Virginia, a motion for a new trial is governed by the West Virginia Rules of Civil Procedure, specifically Rule 59. This rule allows a party to request a new trial on all or some of the issues for reasons such as misconduct by the jury or opposing party, errors of law occurring at the trial, newly discovered evidence that could not have been obtained with reasonable diligence before the trial, or a verdict that is against the weight of the evidence. The motion must generally be filed within 10 days after the entry of the judgment, although the court may extend this time for good cause. The decision to grant a new trial is at the discretion of the trial court, and such a decision is typically reviewed by appellate courts for an abuse of discretion. It's important for parties considering this motion to consult with an attorney to understand the specific requirements and likelihood of success given the circumstances of their case.

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Civil procedure

new trial

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West-Virginia State Code

Civil procedure

new trial

West-Virginia State Code

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