When you receive a judgment in your civil case that favors the other party, it is not necessarily the end of the line. There are many circumstances that could provide you with the opportunity to achieve the results that you believe are just and fair. We at the Aldrich Law Firm, Ltd., are well-versed in the types of post-trial motions that may be available to those who want a second opinion.
According to the American Bar Association, if your case did not involve a jury, and the court did not have all the information or evidence that was necessary for a fair decision, you may be able to file a motion to alter or amend a judgment. This may also be an option if there was a procedural default.
You may be able to file a motion for a new trial if there are grounds of error in the first trial. The court may determine that these warrant relief in your case if you are able to show that other people have been granted a new trial based on the same errors. These include jury issues, such as failing to provide the members with instructions, or misconduct of the members. A dishonest witness or new evidence may also be grounds for this type of motion.
A motion for judgment must be filed during your trial, either after all the evidence has been heard, or after the plaintiff’s case. It must be filed before the case has been submitted to the jury, though. The judge may allow the other party to fix an issue where possible, if you filed your motion based on a technicality. More information about ways to address an unfavorable judgment is available on our web page.
