Louisiana Motion for New Trial and Order - Long

Category:
State:
Louisiana
Control #:
LA-5407
Format:
Word; 
Rich Text
Instant download

Description Motion New Form

In this example, defendant requests a new trial pursuant to La. C.Cr.P. Article 851(4), on the grounds that defendant has discovered since the guilty verdict a prejudicial error or defect in the proceedings that, not withstanding the exercise of reasonable diligence by said defendant, was not discovered before the verdict. Attached is an order for the State to show cause why a new trial should not be granted.
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La Motion Order Other Form Names

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Motion For New Trial Granted FAQ

Post-trial motions are filed after the judge or jury has decided on a verdict. If you do not agree with the verdict in your case because you think it was impacted by errors or misconduct, you have the right to file one of these motions.

A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony.

Fraud, accident, mistake or excusable negligence.Newly discovered evidence.Damages awarded were excessive.Insufficient evidence to support.

A new trial or retrial is a recurrence of a court case. Depending on the rules of the jurisdiction, a new trial may occur if: a jury is unable to reach a verdict (see hung jury); a trial court grants a party's motion for a new trial, usually on the grounds of a legal defect in the original trial; or.

Fraud, accident, mistake or excusable negligence. Newly discovered evidence. Damages awarded were excessive. Insufficient evidence to support.

Section 1. New trial or reconsideration. At any time before a judgment of conviction becomes final, the court may, on motion of the accused or at its own instance but with the consent of the accused, grant a new trial or reconsideration.

Defendants typically make motions for new trials after guilty verdicts. In some jurisdictions, the trial judge can order a new trial without a defendant asking.But in some instances the prosecution can appeal a trial judge's grant of a new trial, and it can usually appeal a new trial order by an appellate court.

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Louisiana Motion for New Trial and Order - Long