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Common post-trial motions include: Motion for a New Trial The court can vacate the judgment and allow for a new trial. This is rarely granted, but may be done if the interest of justice so requires. Motion for Judgment of Acquittal Court may set aside the jurys verdict and allow the defendant to go free.
The grounds for granting a motion for a new trial include a significant error of law, verdict going against the weight of evidence, irregularity in the court proceeding, jury misconduct, newly discovered material evidence, and improper damages .
Any motion for a new trial grounded on newly discovered evidence must be filed within 3 years after the verdict or finding of guilty. If an appeal is pending, the court may not grant a motion for a new trial until the appellate court remands the case.
The Standard for Motion for New Trial: You have to show that the verdict is against the WEIGHT of the evidence. Youre basically saying the judge or jury made a big mistake.
Federal Rule of Criminal Procedure 35(b) permits a court, upon the governments motion, to impose a new, reduced sentence that takes into account post-sentencing substantial assistance, and that new sentence may go below the recommended guideline range and any statutory mandatory minimum penalty.
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On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.
One of the most common grounds for filing a motion for a new trial is the presence of significant legal errors during the original trial. Legal errors can take many forms, such as the improper admission or exclusion of evidence, incorrect jury instructions, or the misapplication of legal standards.

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