motion for new trial
motion for new trial 重审申请 基于新发现的证据或其他原因而认为原审中存在偏见性的错误或不公正，从而要求法官撤销原判决或陪审团的裁断，并下令对案件重新审理的申请。
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Search Results for: MOTION FOR NEW TRIAL
motion for new trial
motion for new trial. A party’s postjudgment request that the court vacate the judgment and order a new trial for such reasons as factually insufficient evidence, newly discovered evidence, and jury misconduct. • In many jurisdictions, this motion is required before a party can raise such a matter on appeal. — Also termed motion for
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posttrial motion
A motion made after judgment is entered, such as a motion for new trial. [Cases: Federal Civil Procedure 2368, 2605; New Trial 124. C.J.S. New Trial §§ 147, 170, 174–175, 177, 185–186.]
newly discovered evidence
Evidence existing at the time of a motion or trial but then unknown to a party, who, upon later discovering it, may assert it as grounds for reconsideration or a new trial. See Fed. R. Civ. P. 60(b). [Cases: Criminal Law 938; Federal Civil Procedure 2350, 2655; New Trial 99. C.J.S. Criminal Law § 1447;
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bill for a new trial
A bill in equity to enjoin a judgment and to obtain a new trial because of some fact that would render enforcement of the judgment inequitable. • The fact must have been either unavailable or unknown to the party at trial through fraud or accident. Cf. MOTION FOR NEW TRIAL. [Cases: Fraudulent Conveyances 258; New
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motion for judgment as a matter of law
motion for judgment as a matter of law. A party’s request that the court enter a judgment in its favor before the case is submitted to the jury, or after a contrary jury verdict, because there is no legally sufficient evidentiary basis on which a jury could find for the other party. • Under the
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motion to alter or amend the judgment
motion to alter or amend the judgment. A party’s request that the court correct a substantive error in the judgment, such as a manifest error of law or fact. • Under the Federal Rules of Civil Procedure, a motion to alter or amend the judgment must be filed within ten days after the judgment is
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motion for a repleader
motion for a repleader. Common-law pleading. An unsuccessful party’s posttrial motion asking that the pleadings begin anew because the issue was joined on an immaterial point. • The court never awards a repleader to the party who tendered the immaterial issue. [Cases: Pleading 286. C.J.S. Pleading § 477.]
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bill for a new trial
bill for a new trial 请求重新审理的诉状 指由于存在某些事实会使得判决的执行造成不公正，从而请求禁止执行该判决并对案件重新审理的一种衡平法上的诉状，但作为请求根据的事实必须是因为存在欺诈或者意外事件而使得一方当事人在审判时不知道或者无法得知的情况。现在美国采用《联邦民事诉讼规则》〔Federal Rules of Civil Procedure〕的州或司法区中，此诉状已为重新审理的申请〔motion for new trial〕取代。
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motion for relief from the judgment
motion for relief from the judgment. A party’s request that the court correct a clerical mistake in the judgment — that is, a mistake that results in the judgment’s incorrectly reflecting the court’s intentions — or relieve the party from the judgment because of such matters as (1) inadvertence, surprise, or excusable neglect, (2) newly
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