After trials in Nevada, and elsewhere, are held and judgments issued, people may wish to contest the judgment. Although most people think of appeals when they consider these types of situations, those are not the only way to challenge a ruling. In some situations, a new trial may be held altogether. Unlike appeals, which take the matter to a higher court, new trials are held at the same court level as the first trial. At Aldrich Law Firm, Ltd., we often consult with people who feel that their rights were not upheld and thus, the judgment issued was unfair. For those who are facing situations such as this, it can be important to have an understanding of new trial motions.
In general, motions for new trials are governed by Rule 59 of the Nevada Rules of Civil Procedure. Under this rule, certain circumstances must exist, or occurred, in order for a motion for a new trial to be approved. These grounds include the following:
- Jury or prosecutorial misconduct
- Newly discovered evidence
- Judicial error
- Irregularities of the jury or court proceedings
Additionally, the awarding of excessive damages due to passion or prejudice may also warrant a new trial.
The time frame for filing a motion for a new trial is limited. With few exceptions, such motions must be filed not more than 10 days after the service of written notice of the judgment entry. This is the case regardless of the grounds under which the new trial is being sought.
For more information about challenging judgments on civil matters, please visit our post-trial motions and appeals page.