by Marco Angioni II

Created on: March 09, 2011   Last Updated: March 12, 2011

Preparing a motion for a new trial is not a simple task.  Each jurisdiction has rules that the moving party must follow in order for the motion to be heard.  The task is further complicated, because the applicable jurisdiction may have different standards for a motion for a new trial depending on whether the present issue is civil or criminal in nature.  Due to these complexities, you should seek the advice of competent legal counsel should you decide to make a motion for a new trial.  However, should you feel compelled to file such a motion on your own, you must consult the applicable rules and provide the appropriate information to the court.

-Determining The Applicable Rules-

In the United States, there are many different courts.  You must determine the court in which your trial was conducted in order to find the applicable rules.  For example, if you had a civil trial in federal court, the Federal Rules of Civil Procedure would apply, as would the local rules for the district in which your trial was conducted.  If your civil trial was conducted in a state court, that state’s rules of civil procedure would apply, as would the local rules for the for the district in which your trial was conducted.  If your criminal trial was conducted in a state court, that state’s rules of criminal procedure (if that state legislature has enacted such rules apart from the state’s statutes) would apply.  The point is, each jurisdiction is governed by an applicable set of rules that must be followed in order to properly file a motion for a new trial.  As such, should you ignore the applicable rules, your motion may be denied.

-Following The Applicable Rules-

Finding the applicable rules is the first step.  The next step is to make sure that your motion complies with those rules. 

A motion for a new trial cannot be made merely on a whim.  There must be a reason for the motion.  The “reasons” for a new trial are usually provided in the applicable rules.  Generally, these are the only reasons a court will consider when entertaining your motion.  As such, unless your case falls into one of those “reasons” provided in the applicable rules, you may not be able to bring a motion for a new trial.

-Drafting The Motion-

Drafting the motion will be the most difficult part.  Depending on the issue in your case and whether your case was civil or criminal in nature, the opposing party may file something called an “opposition” in which the opposing party will argue that your motion for a new trial should be denied.  The opposition (if one is filed) would be filed after you file your motion.  As such, you must carefully craft your motion and detail your arguments in a clear and logical order.

It is important that you support your arguments with applicable law (including case law and statutory law, if applicable) and with any evidence you deem necessary for the court to consider.

Again, a motion for a new trial is not a simple task.  As such, you should seek the assistance of competent counsel.  If, however, you proceed on your own, make sure that you find the applicable law and rules, that you follow the applicable law and rules, that you draft your motion in a clear and logical manner, and support your arguments with law and evidence.

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