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A trial de novo is a new trial on an entire case, where both questions of fact and issues of law are determined as if there had been no trial in the first instance. A trial de novo is typically used to challenge awards found in arbitration and are supported by constitutional considerations.
A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony.
A Penal Code 1181 PC motion for a new trial is a request for another examination of your criminal case. California criminal procedure provides a mechanism for defendants to move to set aside their convictions and obtain a new trial even after a jury has found them guilty of a criminal offense following a jury trial.
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 .
In a trial by declaration, you send in a written statement, along with any evidence you have, to the court to explain what happened. You generally also send in payment. The officer who wrote the ticket then gets a chance to send in their own written statement. A judge then reviews both and mails you a decision.
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In rare cases, a trial judge might order a new trial even without a motion by the defendant. More often, though, the defendant or their attorney will need to file a motion for a new trial. If the judge denies the motion, they have a right to appeal the denial.
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. (2) Other Grounds.
It can be an effective way for defendants to continue fighting their case after an unfavorable ruling. It is often used in traffic and small claims courts, but can be used in more formal proceedings.

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