Delaware Motion for New Trial A Delaware Motion for New Trial is a legal request filed by a party to petition the court to reconsider its decision in a civil or criminal case. This motion seeks to have the court reverse its ruling and grant a new trial in the interest of justice. It allows the party to present new evidence, challenge the court's legal interpretations, or point out errors made during the trial process. In Delaware, there are different types of Motions for New Trial that can be filed, each with its own purpose and requirements. Some of these include: 1. Newly Discovered Evidence If new evidence, material to the case, arises after the trial has concluded, a party can file a motion based on newly discovered evidence. This evidence must have been unknown or unavailable during the trial and must be of such significance that it could change the outcome of the case if presented in a new trial. 2. Error of Law A party may file a motion for a new trial based on an error of law committed by the court during the trial. This motion argues that the court misinterpreted the law, applied incorrect legal standards, or made a fundamental legal mistake that affected the outcome of the case. 3. Misconduct or Prejudicial Error This type of motion focuses on alleged misconduct or prejudicial error committed by the opposing party or their legal representative, which had a significant impact on the trial's fairness. The motion argues that the misconduct or error deprived the filing party of a fair trial and requests a new trial to rectify the unfairness. 4. Jury Misconduct or Bias If a party believes that the jury engaged in misconduct or was biased, a motion for a new trial based on jury misconduct or bias can be filed. This motion alleges that the jury acted improperly, was influenced by external factors, or displayed prejudice that affected the verdict. It aims to secure a new trial with a different jury or address the misconduct committed by the original jury. It is essential to note that the specific requirements and procedures for filing a Motion for New Trial in Delaware may vary depending on the court where the case is being heard. Furthermore, it is advisable to consult with an experienced attorney to determine the appropriate grounds and procedures for filing a motion in a particular jurisdiction.
Delaware Motion for New Trial
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59. Rule 59 - New Trials (a) Grounds. A new trial may be granted to all or any of the parties, and on all or part of the issues for any of the reasons for which rehearings have heretofore been granted in suits in equity.
Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the Court any time of its own initiative, or on motion of any party and after such notice, if any, as the Court orders.
Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein.
59. Rule 59 - New Trials (a) Grounds. A new trial may be granted to all or any of the parties, and on all or part of the issues for any of the reasons for which rehearings have heretofore been granted in suits in equity.
Motion for a More Definite Statement ? A party's request that the Court require an opponent to change a vague or ambiguous pleading to which the party is unable to adequately respond.
Rule 29 - Dismissal (a)Voluntary dismissal. -At any time before filing of the appellee's brief, an appellant may dismiss the appellant's appeal voluntarily by serving a notice of dismissal upon the other parties to the appeal, by filing the same with the Clerk and paying the costs.
A party who moves for a directed verdict at the close of the evidence offered by an opponent may offer evidence in the event that the motion is not granted, without having reserved the right so to do and to the same extent as if the motion had not been made.