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GROUNDS FOR FILING A MOTION FOR NEW TRIAL OR RECONSIDERATION Fraud, accident, mistake or excusable negligence. Newly discovered evidence. Damages awarded were excessive. Insufficient evidence to support.
How to Write a Kick-Ass Motion Make an Outline. ... Keep Your Motion Simple. ... Maintain Credibility. ... Mind Your Citations. ... Focus on Facts. ... Keep Your Intro Short. ... Respect the Opposition. ... Write in English, Not Legalese.
0:12 1:25 How to Address a Letter to a Judge - YouTube YouTube Start of suggested clip End of suggested clip 2 right the judges name and the courts address along the left margin beneath your own use the titleMore2 right the judges name and the courts address along the left margin beneath your own use the title honorable. Before the judges name for instance honorable John Smith.
A point in a motion for new trial is a prerequisite to the following complaints on appeal: (1) A complaint on which evidence must be heard such as one of jury misconduct or newly discovered evidence or failure to set aside a judgment by default; (2) A complaint of factual insufficiency of the evidence to support a jury ...
If a judge grants a motion for a new trial, the case goes back almost to square one: The prosecution and defense can try the case again in front of a different jury.

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From the foregoing, it can be seen that the rules allow the filing of a motion for new trial on the grounds of fraud, accident, mistake or excusable negligence; or of newly discovered evidence, in the manner provided for proof of motions.
An appeal is your right to a reexamination of the original record of your case by the Court of Appeals.
Examples of Reasons a Defendant Cannot Receive a Fair Trial Delay. ... Failing to Obtain, Losing or Destroying Evidence. ... Adverse publicity. ... Non-disclosure by prosecutor. ... Proceedings begun or continued in breach of promise not to prosecute. ... Cautions. ... Authority to set aside conditional cautioning decisions.
Overview You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You \u201cserve\u201d (mail) your motion to the other side. The other side files a written opposition to your motion with the court.
An appeal is your right to a reexamination of the original record of your case by the Court of Appeals.

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