How to File a Motion for a New Trial

This article was written by Jennifer Mueller, JD. Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006.

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In both civil and criminal trials, if you disagree with the outcome of your case you have several options available to contest the trial court's ruling. One of these options is to file a motion for a new trial. You are entitled to a new trial only for specific reasons defined by the state or federal rules of civil procedure that governed your case. Typically, a new trial will be granted if you can prove that some error prevented you from receiving a fair trial. New trials also may be granted if there is newly discovered evidence in the case. Keep in mind that the prosecution cannot request a new trial in a criminal case, as this would violate the defendant's Constitutional rights. [1] X Research source