Also known as: new trials · motion for new trial
Written by attorneys · grounded in primary & secondary sources — see below
A postjudgment retrial or reexamination of some or all of the issues determined in an earlier judgment. The court may order one on a party's motion or on its own initiative when justice requires or when specified procedural grounds such as newly discovered evidence or inconsistent verdicts are met.
Nicholas Nunez was convicted of fraud after a jury trial in which local media repeatedly aired his confession. His lawyer moved for relief arguing the community exposure tainted the panel. The court found the interest of justice required vacating the judgment and ordering a fresh proceeding before an unexposed jury.
Nina Nielsen obtained a jury verdict and judgment against Northern Manufacturing for breach of contract. Twenty-nine days later the defendant filed a motion seeking a second trial on damages. The court rejected the request because it arrived after the strict twenty-eight-day filing window.
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Noreen Nguyen was convicted of embezzlement. Three years after the verdict a former colleague produced bank records showing another employee had altered the ledgers. Nguyen promptly moved for relief on the basis of the newly discovered documents and the court considered whether to grant a second trial.
Neptune Energy sued New Horizon Media for trademark infringement. The jury returned a general verdict for the defendant yet answered written questions stating the mark was valid and infringed. Because the answers could not be reconciled with the verdict the court ordered a fresh trial.
Neville Norton was convicted after a jury trial. His lawyer filed a motion fourteen days after the verdict citing an erroneous evidentiary ruling. The court denied the request because the fourteen-day deadline for non-newly-discovered-evidence grounds had already expired.
Nadia Novak prevailed in a personal-injury suit against Nile Shipping. The jury awarded damages the court viewed as excessive under traditional common-law standards. On the plaintiff's motion the court set aside the verdict and ordered a second trial on damages.
The motion must be filed no later than twenty-eight days after entry of judgment. An untimely filing deprives the court of authority to grant relief under the rule.
The motion may be filed within three years after the verdict or finding of guilty. If an appeal is pending the trial court cannot act until the appellate court remands the case.
The motion must be filed within fourteen days after the verdict or finding of guilty. Later filings on ordinary grounds are untimely.
The court may approve judgment on the answers, direct further jury deliberation, or order a new trial. It cannot simply enter judgment on the inconsistent general verdict.
The court may grant relief for any reason that would have supported a new trial at common law in an action at law. This includes errors that affected substantial rights or produced an excessive verdict.
…Yates v. United States, 354 U. S. 298, 311-312; Cramer v. United States, 325 U. S. 1, 36, n. 45. Since respondent may seek a new trial, we deem that considerations of effective judicial administration require us to review the evidence in the present record to determine whether it could constitutionally support a judgment…