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Civil procedure

new trial

A motion for new trial is a procedure that allows the trial court to order a new trial to correct significant errors in the previous trial that prevented a party from receiving a fair trial.

In Texas, a motion for new trial is a post-judgment motion that can be filed by a party who believes there were significant errors during their trial that resulted in an unfair outcome. According to the Texas Rules of Civil Procedure, specifically Rule 320, a motion for new trial must be filed within 30 days after the judgment is signed by the trial court. The motion should specify the grounds for the request, which can include issues such as juror misconduct, newly discovered evidence, or errors in the court's charge to the jury, among others. The decision to grant a new trial is at the discretion of the trial court, and if the motion is denied, the party can appeal the decision to a higher court. It's important to note that the standards and procedures for a motion for new trial may vary depending on whether the case is civil or criminal, with additional specific rules applying in criminal cases under the Texas Code of Criminal Procedure.


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