Motion for New Trial 59

Question 1

Timing for Motion for New Trial 59b

Answer 1

=RJMOL

No later than 28d after the Entry of JMT

Question 2

Effect of Motion for New Trial (vs. RJMOL)

Answer 2

The winner by the jury, can still win again in motion for new trial,
while her victory taken away like in RJMOL
(vs. RJMOL: victory goes to the other party)

Question 3

Ct can order a new trial on its on?

Answer 3

Yes, W/O a motion from a party!

Question 4

On what ground can a motion for new trial be granted

Answer 4

59d

- Motion for a new trial can be granted on ANY ground, even one NOT STATED in the motion

Question 5

Motion for New Trial vs. RJMOL

Answer 5

Unlike RJMOL:

1. Motion for a new trial can be granted on ANY ground, even one NOT STATED in the motion
2. Ct MAY consider credibility of the witnesses & weight of the evidence
3. Ct is NOT required to view the evidence in light most favorable to the party who WON at trial

Question 6

Grounds that support a motion for new trial

Answer 6

1. Judge made a mistake
   - put burden of persuasion on a wrong party
   - erroneous jury instruction
   - wrongfully allow introduction of improper evidence
2. Probative NEW evidence
3. Party/lawyer engaged in misconduct that justifies a new trial
4. Juror misconduct
5. Verdict against the weight of the evidence - think element C missing but JMT returned for P - D had failed to move for JMOL
6. Excessive/Inadequate Damages - “shock the conscience” test

Question 7

Juror misconduct as a ground for a motion for new trial

Answer 7

Must be SIGNIFICANT misconduct

• “extrinsic” influences (that can be verified objectively)
• intrinsic influences that affect jurors’ thought processes - are NOT grounds for granting motion for new trial