Also known as: retrials · new trial · second trial
Written by attorneys · grounded in primary & secondary sources — see below
A subsequent trial of a case already tried once, ordered when a court vacates the prior judgment because the interest of justice requires it or because of errors, newly discovered evidence, or other grounds specified by rule. After a nonjury trial the court may take additional testimony and enter a new judgment.
Roberto Reyes was convicted of fraud after a jury trial. His lawyer filed a timely motion asserting that newly discovered documents showed the key witness had lied. The district court found that the interest of justice required relief and vacated the judgment, ordering a retrial at which the new evidence could be presented.
Ronald Reed obtained a jury verdict against Regal Apparel for breach of contract. Twenty-nine days after judgment Regal Apparel filed a motion for new trial claiming evidentiary errors. Because the motion missed the twenty-eight-day deadline the court lacked authority to order a retrial on any ground.
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Ravi Reddy was found guilty of assault. Thirty days later his counsel moved for a new trial on the ground that the prosecutor had made an improper closing argument. The court denied the motion because it was filed more than fourteen days after the verdict and did not rest on newly discovered evidence.
Rosa Ruiz sued Rhapsody Entertainment for trademark infringement. After a bench trial the court entered judgment for the defendant. On Ruiz's motion the court reopened the judgment, took additional testimony from a design expert, amended its findings on likelihood of confusion, and directed entry of a new judgment for the plaintiff.
Renee Rogers lost a condemnation case in state court. On appeal the Supreme Court held that the jury instructions violated due process. The case was remanded for a retrial in which the jury would be properly instructed on the measure of just compensation.
Ruby Rivera was convicted after a federal agent searched her home without a warrant. The Supreme Court held that the Fourth Amendment had been violated. On remand the district court suppressed the evidence and ordered a retrial at which the improperly obtained items could not be introduced.
A motion grounded on newly discovered evidence must be filed within three years after the verdict or finding of guilty. If an appeal is pending the district court may not grant the motion until the appellate court remands the case.
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The motion is untimely. Rule 59(b) imposes a strict twenty-eight-day limit with no exception on these facts, so the court lacks authority to grant a new trial on any ground.
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Yes. After a nonjury trial the court may open the judgment, take additional testimony, amend findings of fact and conclusions of law, and direct entry of a new judgment when justice so requires.
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Any such motion must be filed within fourteen days after the verdict or finding of guilty. The court may grant relief only if the interest of justice so requires.
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…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…