Illinois Motion for New Trial is a legal procedure used to request a reexamination of a court's ruling or verdict in a civil or criminal case. This motion can be crucial in helping parties obtain a fair outcome by presenting new evidence, alleging errors in the trial process, or arguing other grounds for reconsideration. There are various types of Illinois Motions for New Trial, each serving different purposes and circumstances. Some commonly used ones include: 1. Newly Discovered Evidence: This type of motion is filed when new evidence, which was not available during the trial, emerges and has the potential to change the outcome of the case. The party must demonstrate that the evidence is newly discovered, material, not merely cumulative, and would likely have resulted in a different verdict. 2. Errors of Law: This motion is used when a party believes that the court committed legal errors during the trial. It may involve misapplication or misinterpretation of the law, prejudicial jury instructions, or incorrect evidentiary rulings that affected the outcome of the case. 3. Ineffective Assistance of Counsel: If a party believes that their attorney's performance during the trial was so deficient that it deprived them of their constitutional right to effective counsel, they can file a motion based on ineffective assistance of counsel. This argument typically necessitates showing specific instances of attorney incompetence and how it resulted in an unfair trial. 4. Juror Misconduct: When there is evidence of juror misconduct, such as improper communication, receiving external information, or engaging in biased behavior, a motion alleging juror misconduct can be filed. The party must present substantial evidence to prove that the misconduct compromised the jury's impartiality and influenced the verdict. 5. Newly Discovered Law: This motion is filed when a party identifies a new legal precedent or statute that was not available or known during the trial. The party argues that if the new law had been applied, it would have altered the outcome of the case. It is important to note that the specific requirements and procedures for filing a Motion for New Trial in Illinois may vary depending on the jurisdiction and the type of case involved. Consulting with an experienced attorney is crucial to ensure that all the necessary elements are met and that the motion is timely filed.
Illinois Motion for New Trial
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How to fill out Motion For New Trial?
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You may file a motion to reconsider within thirty days after the court enters an order. You cannot file a motion to reconsider simply because you do not like the outcome.
The most common post-trial motions include: Motion to set aside the verdict. Motion for a new trial. Motion to dismiss.
Section 725 ILCS 5/116-1 - Motion for new trial (a) Following a verdict or finding of guilty the court may grant the defendant a new trial. (b) A written motion for a new trial shall be filed by the defendant within 30 days following the entry of a finding or the return of a verdict.
735 ILCS 5/2-1203 provides that in cases decided by a judge, as opposed to a jury, the parties have 30 days after the entry of a judgment to file a motion for rehearing, retrial, modification of the judgment, or to vacate the judgment.
A party's post-trial request that the court vacates the judgment and orders a new trial to re-examine some or all of the matters from the concluded trial. The motion can be made by any party and following both jury trials and bench trials.
But what exactly constitutes "speedy?" In state criminal cases, Illinois law says that a defendant who is taken into custody must be tried within 120 days. If the defendant is released on bond, he or she must be tried within 160 days after filing a written demand for a trial.
735 ILCS 5/2-1202(b). The motion must be filed within 30 days of entry of the judgment or the discharge of the jury, if no verdict is reached, or within any further time the court may allow within the 30 days or any extensions. 735 ILCS 5/2-1202(c).
Motion for continuance. (a) The defendant or the State may move for a continuance. If the motion is made more than 30 days after arraignment the court shall require that it be in writing and supported by affidavit.