How to File a Motion for a New Trial

A trial doesn't always end the way it should. Maybe a juror lied during selection. Maybe the judge let in evidence that never should have reached the jury. Maybe you found a document after the verdict that would have changed everything. When something like that happens, you don't have to accept the outcome and move straight to an appeal — you can ask the same court to try the case again.

That request is called a motion for a new trial, and it's one of the more misunderstood tools in the American legal system. Here's what it actually does, when it applies, and how the process plays out.

What a motion for a new trial actually does

A motion for a new trial asks the trial judge — the one who already heard the case — to set aside the verdict and start over. It's different from an appeal. An appeal goes to a higher court and asks judges who weren't in the room to review whether the law was applied correctly. A motion for a new trial stays with the judge who watched the whole thing unfold, and it's usually your first move, not your last resort.

Courts don't grant these often. Judges are reluctant to undo a verdict a jury worked hard to reach, so the bar is genuinely high. Still, the option exists for a reason, and there are real situations where it's the right call.

Grounds that actually hold up

Every jurisdiction phrases its rules a little differently, but the grounds tend to fall into a handful of categories:

• Juror misconduct — a juror lied during jury selection, did outside research, or talked to someone about the case mid-trial

• Newly discovered evidence — something material surfaced after the verdict that couldn't have been found earlier with reasonable effort

• Legal errors during trial — the judge gave the jury incorrect instructions, admitted evidence that should have been excluded, or made another mistake that affected the outcome

• Excessive or clearly inadequate damages — in civil cases, an award so far outside reason it looks like the jury was driven by bias or passion

• Verdict against the weight of the evidence — the outcome simply doesn't line up with what was actually presented at trial

• Newly discovered evidence of actual innocence — in criminal cases specifically, evidence that surfaces well after conviction and points to innocence

Not every disappointing verdict qualifies. "I don't like the outcome" isn't a ground for anything. You need something specific and provable — a fact you can point to, not just a feeling that things went sideways.

Civil and criminal cases run on different rules

This is where a lot of people get tripped up, because the two tracks aren't the same.

In federal civil cases, Rule 59 of the Federal Rules of Civil Procedure governs the motion. The deadline is strict: 28 days after the court enters judgment, and that clock cannot be extended by the court or by agreement between the parties. Miss it, and the motion is off the table no matter how strong your grounds are.

In federal criminal cases, Rule 33 of the Federal Rules of Criminal Procedure splits the deadline by the type of ground you're raising. If you're arguing newly discovered evidence, you get up to three years after the verdict. For every other ground — juror misconduct, trial errors, and so on — you have just 14 days after the verdict or guilty finding.

State courts each run their own version of this rule, and the deadlines genuinely vary. Some states mirror the federal 28-day window; others give as little as 10 to 20 days. There's no universal number here, which is exactly why the first real step is finding your specific court's rule rather than assuming a federal deadline applies.

How to actually file one

Find your court's exact deadline first. Before you write a single word of the motion, pull up the rules of civil or criminal procedure for the court that heard your case — federal, state, or local — and confirm the filing window. This step decides whether anything else matters.

Identify your specific ground. Vague dissatisfaction won't move a judge. Pin down exactly what went wrong: which juror, which piece of evidence, which instruction, which piece of newly discovered evidence, and why it matters enough to change the outcome.

Gather your supporting proof. If you're relying on juror misconduct, you'll typically need an affidavit or declaration. If it's newly discovered evidence, you'll need to show both the evidence itself and that you couldn't reasonably have found it before or during trial.

Write the motion. State the relief you want (a new trial), the rule you're filing under, the specific grounds, and the facts and law supporting each one. Courts expect this in a fairly standard motion format — caption, case number, and all — so check your court's local rules for formatting requirements before you submit anything.

File it with the court clerk. Most courts now require electronic filing through a system like PACER (federal) or the relevant state e-filing portal. Some smaller local courts still accept paper filings, so confirm which applies to you.

Serve the other side. The opposing party needs a copy, generally through the same electronic filing system or by the method your court's rules require.

Prepare for a response and possibly a hearing. The other side will usually get a set number of days to file an opposition. Some courts decide the motion purely on the written filings; others schedule oral argument.

What to include in the written motion

A solid motion for a new trial generally covers:

• The case caption and number, matching your original filing exactly

• A clear statement of what you're asking for and under which rule

• The specific grounds, laid out one at a time rather than bundled together

• The facts that support each ground, with citations to the trial record where relevant

• Any supporting affidavits, declarations, or newly discovered documents

• A proposed order for the judge to sign if the motion is granted

Judges read a lot of these. The ones that succeed tend to be specific and well-documented, not the ones that argue hardest that the verdict "just feels wrong."

What happens after you file

The judge who presided over your trial will review the motion, read any opposition, and decide whether to rule on the papers alone or hold a hearing first. If the motion is granted, the case essentially resets — a new trial gets scheduled, sometimes in front of a different jury. If it's denied, that denial usually becomes part of what you can raise if you decide to appeal, so filing the motion first can actually preserve issues for a later appeal rather than waste time.

Either way, the ruling on a motion for a new trial can itself affect your appeal deadline, so it's worth tracking that date the moment the judge rules.

A few things worth keeping in mind

Deadlines in this area are almost always jurisdictional, meaning courts have very little flexibility to forgive a late filing, no matter the reason. Mark the date the moment judgment or the verdict is entered, not when you get around to deciding whether to file.

It also helps to file even when you're not fully certain you'll win. In many jurisdictions, raising an issue in a motion for a new trial is what preserves your right to raise that same issue on appeal — skip the motion, and you may lose the chance to argue the point later.

When to bring in an attorney

This article explains how the process generally works, but it isn't legal advice, and court rules shift by state, county, and even by individual judge's standing orders. If you're weighing whether to file, the deadline is close, or the case involves real money or real time behind bars, talk to a licensed attorney in your jurisdiction before you file anything. Many state and local bar associations also run lawyer referral services if you don't already have counsel.