Motion For New Trial California Sample

• Category: Criminal - Motions
• State: Multi-State
• Control #: US-00849
• Format: Word; Rich Text

Description Trial Criminal Statement

This is a Motion for New Trial. This motion is filed by the Defendant's attorney, asking that the court grant a new trial to his/ her client. In the motion, he/ she lists reasons why his/ her client should be entitled to a new trial. This form may be tailored to fit your specific needs, and it is applicable in all states. A Motion for New Trial in California is a legal document filed by a party in a civil or criminal case requesting the court to overturn the previous judgment and grant a new trial based on certain grounds. This motion is governed by California Code of Civil Procedure section 657 and California Penal Code section 1181, for civil and criminal cases respectively. A Motion for New Trial can be filed on various grounds, including: 1. Newly Discovered Evidence: This type of motion is filed when new and significant evidence, which was not accessible during the trial, is discovered. The evidence must be material and have the potential to change the outcome of the case. 2. Legal Errors or Misconduct: If there were legal errors made by the court, such as improper jury instructions, admission of inappropriate evidence, or misconduct by an attorney or witness, a Motion for New Trial can be filed to seek a retrial. 3. Insufficient Evidence: This type of motion can be filed if the party believes that the evidence presented during the trial was insufficient to support the jury's verdict or the judge's decision. 4. Irregularities in the Trial Proceedings: If there were procedural irregularities, such as bias or misconduct by the judge, which may have influenced the outcome of the trial, a Motion for New Trial can be filed. 5. Prejudicial Misconduct of a Juror: If a juror engaged in prejudicial misconduct, such as conducting independent research or discussing the case with external parties, it could be grounds for a Motion for New Trial. 6. Excessive or Inadequate Damages: In cases involving monetary damages, if the awarded amount is excessive or inadequate based on the evidence presented, a Motion for New Trial can be filed to address this issue. It is important to thoroughly review the relevant codes, case law, and court rules to understand the specific requirements and procedures for filing a Motion for New Trial in California. Additionally, consulting with an attorney experienced in California civil or criminal law is advisable to ensure the motion is properly drafted and filed.

A Motion for New Trial in California is a legal document filed by a party in a civil or criminal case requesting the court to overturn the previous judgment and grant a new trial based on certain grounds. This motion is governed by California Code of Civil Procedure section 657 and California Penal Code section 1181, for civil and criminal cases respectively. A Motion for New Trial can be filed on various grounds, including: 1. Newly Discovered Evidence: This type of motion is filed when new and significant evidence, which was not accessible during the trial, is discovered. The evidence must be material and have the potential to change the outcome of the case. 2. Legal Errors or Misconduct: If there were legal errors made by the court, such as improper jury instructions, admission of inappropriate evidence, or misconduct by an attorney or witness, a Motion for New Trial can be filed to seek a retrial. 3. Insufficient Evidence: This type of motion can be filed if the party believes that the evidence presented during the trial was insufficient to support the jury's verdict or the judge's decision. 4. Irregularities in the Trial Proceedings: If there were procedural irregularities, such as bias or misconduct by the judge, which may have influenced the outcome of the trial, a Motion for New Trial can be filed. 5. Prejudicial Misconduct of a Juror: If a juror engaged in prejudicial misconduct, such as conducting independent research or discussing the case with external parties, it could be grounds for a Motion for New Trial. 6. Excessive or Inadequate Damages: In cases involving monetary damages, if the awarded amount is excessive or inadequate based on the evidence presented, a Motion for New Trial can be filed to address this issue. It is important to thoroughly review the relevant codes, case law, and court rules to understand the specific requirements and procedures for filing a Motion for New Trial in California. Additionally, consulting with an attorney experienced in California civil or criminal law is advisable to ensure the motion is properly drafted and filed.