Contra Costa California Order Denying Motion for New Trial A Contra Costa California Order Denying Motion for New Trial refers to a legal document that denies a request made by one party involved in a trial seeking a new trial in Contra Costa County, California. This order is issued by a judge after careful consideration of the arguments and evidence presented by both parties. In Contra Costa County, there are different types of Order Denying Motion for New Trial, including: 1. Criminal Case Order Denying Motion for New Trial: This type of order is specific to criminal cases where the defendant's legal counsel requests a new trial based on various grounds, such as newly discovered evidence, misconduct by the prosecution, or errors committed during the original trial. The judge examines the arguments made and decides whether a new trial is justified. 2. Civil Case Order Denying Motion for New Trial: In civil cases, either party involved can file a motion for a new trial based on reasons such as legal errors, inappropriate instructions to the jury, or newly discovered evidence that could potentially impact the outcome of the trial. The judge reviews the motion and supporting documents to determine whether a new trial is warranted. 3. Family Law Case Order Denying Motion for New Trial: Family law cases in Contra Costa County can also involve a motion for a new trial, typically filed by one of the parties seeking to challenge or contest the court's decision related to matters such as child custody, spousal support, or property division. The judge evaluates the motion's grounds and decides whether a new trial is necessary. Regardless of the specific type of case, a Contra Costa California Order Denying Motion for New Trial is a crucial document that outlines the judge's decision on whether to grant a new trial or uphold the previous verdict. It includes a detailed explanation of the judge's reasoning and legal analysis, taking into account the arguments presented by both parties. It is essential to understand that the denial of a motion for a new trial does not necessarily mean the end of the legal process. The party dissatisfied with the judge's decision can explore other legal avenues, such as filing an appeal or pursuing alternative dispute resolution methods.
Contra Costa California Order Denying Motion for New Trial
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FAQ
California law takes into account that a party to a lawsuit may be elderly and suffering from a serious illness. In that situation, the party may file a motion asking the court to grant a preference with respect to trial-setting. A preference essentially permits the party to cut to the front of the line.
Motion for reconsideration This is when a party that is affected by a trial court's order asks the same court to reconsider the order, based on new facts, circumstances, or law.
2022 California Rules of Court (3) Any opposition must be served and filed within 15 days after the motion is filed. (Subd (a) amended effective January 1, 2007.) (1) The court may rule on a motion at any time after an opposition or other response is filed or the time to oppose has expired.
Trial Preference is available to the elderly over 70 years of age in civil cases, and to parties in other cases based on the interests of justice. In cases involving minors, Trial Preference is mandatory; in cases involving the elderly, it is discretionary.
File a declaration or affidavit telling the Court that you need more time to obtain discovery in order to oppose the Motion.
A motion for reconsideration shall point out specifically the findings or conclusions of the judgment or final order which are not supported by the evidence or which are contrary to law, making express reference to the testimonial or documentary evidence or to provisions of law alleged to be contrary to such findings
Discovery Closes (with the exclusion of expert lists, and expert depositions) 30 days before trial, or after non-binding arbitration. CALIFORNIA CODE OF CIVIL PROCEDURE 2034.210; CALIFORNIA CODE OF CIVIL PROCEDURE § 1141.24.
Under our rules of procedure, a party adversely affected by a decision of a trial court may move for reconsideration thereof on the following grounds: (a) the damages awarded are excessive; (b) the evidence is insufficient to justify the decision; or (c) the decision is contrary to law.
A motion for reconsideration is a prime opportunity to seek relief from a Court Order. A motion for reconsideration is an application to the Court requesting that the Court alter or amend a judgment or order, and it must be served no later than twenty (20) days after the order has been served on all parties.
In a personal injury or wrongful death case, a court may grant preference if a party is under 14 years of age. The intent is to ensure that children have timely access to the courts for relief, particularly in cases where they have suffered personal injury or a parent's death.
