People in Nevada who have gone through civil litigation and reached an unfavorable outcome have several options for continuing the fight. One option is to file an appeal, which would elevate the case to a higher court. An appellate court does not, however, take into account new evidence. Instead, the judge reviews the lower court’s decision.
There are several alternatives to filing an appeal. For example, during the trial, someone may file a motion for judgment as matter of law. This is useful if the person believes that there is insufficient evidence. According to the Nevada Rules of Civil Procedure, this motion may be made at the close of evidence offered, at the close of the case or within 10 days of receiving written notice of the judgment.
A motion for a new trial is another useful tool someone can use if the court does not grant a motion for judgment as matter of law. The Nevada Rules of Appellate Procedure points out that someone wishing to appeal a decision based on new evidence should instead file a motion for a new trial. A new trial may also be granted if there was some type of misconduct on the part of the jury or prosecutor, if someone committed perjury or there is a judicial error.
There is also a motion for relief from a judgment or order, which may be granted when there is a clerical mistake, fraud or newly discovered evidence.
Lastly, someone may file a motion to alter or amend a judgment in a non-jury case. The American Bar Association notes that this type of motion is mostly used pursuant to a summary judgment. People may be able to provide additional evidence or offer issues that had not yet been considered. The trial court is then able to review its decision.
