A Guide to Post-Trial Motions

Whereas trial observe is tough sufficient for many attorneys, the world of post-trial motions poses an entire different set of challenges. Not solely should these motions be well-researched and thorough, additionally they can arrange appellate points for later. This implies litigators should perceive the fundamentals of post-trial motions and how you can deal with them successfully.

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The significance of post-trial motions

A post-trial movement is filed after the decision has been rendered by the decide or jury and the judgment has been entered. Since post-trial motions are filed with the trial courtroom, not the appellate courtroom, they’re typically the events’ final probability to ask for reduction from the trial courtroom.

Publish-trial motions typically ask for some extraordinary type of motion from the courtroom, resembling a brand new trial or a judgment however the decision. The granting or denial of a post-trial movement is commonly the premise for submitting an enchantment. Accordingly, post-trial motions are sometimes among the most weighty and consequential motions filed in civil or felony observe.

Earlier than a trial even begins you could file, or have a pre-trial movement filed in opposition to you, study extra right here: A Information to Pre-Trial Motions.

Widespread forms of post-trial motions

The precise forms of post-trial motions out there to an legal professional will differ primarily based on the jurisdiction, in addition to the realm of regulation (civil or felony). Nonetheless, under are among the most typical post-trial motions.

Movement for brand spanking new trial

A movement for brand spanking new trial is a request that the courtroom vacate the judgment and order a brand new trial on some or the entire points addressed within the unique trial. This movement will be made after a jury or bench trial.

Though the precise grounds for granting new trial motions will differ from jurisdiction to jurisdiction, the final normal is that the trial decide believes the unique judgment ends in a miscarriage of justice. The statutory grounds for granting new trials in California, listed under, are a very good illustration of frequent grounds for these motions nationwide:

Irregularity within the proceedings. This consists of the proceedings of the courtroom, the jury, and the events.
Jury misconduct. Misconduct can embody jurors conducting their very own investigations or speaking with non-jurors concerning the case.
Accident or shock. The caveat right here is the courtroom should discover peculiar prudence couldn’t have guarded in opposition to the accident or shock.
Newly found proof. The proof should be materials to the case, and it should be proof that would not have been found throughout trial with cheap diligence.
Extreme or insufficient damages. The courtroom should be satisfied from the complete file that the courtroom or jury awarded the wrong quantity of damages.
Insufficiency of the proof. As with extreme or insufficient damages, the courtroom should be satisfied the courtroom or jury ought to have reached a special choice.
Error in regulation throughout trial. The error will need to have been “excepted to by the get together making the applying”-meaning the legal professional submitting the movement will need to have objected on the time of the error.

Motions for brand spanking new trial are normally filed after jury trials, not bench trials. It stands to motive {that a} trial decide is unlikely to reverse their very own choice, besides within the potential case of newly found proof.

Movement for judgment however the decision

In a movement for judgment however the decision (JNOV), the transferring get together asks the courtroom to render a verdict opposite to the one rendered by the jury (as famous above for brand spanking new trial motions, JNOV motions are uncommon after bench trials).

A JNOV movement is extra excessive than a movement for brand spanking new trial. You aren’t merely asking for an additional probability at a trial you misplaced. As an alternative, you’re asking the decide to rule you need to have gained and to concern a brand new verdict in your favor. Due to this, the usual for granting a JNOV movement is excessive. All cheap inferences and factual questions should be resolved in favor of the non-moving get together, and the decide can not assess the credibility of witnesses.

Motions for brand spanking new trial and JNOV motions are sometimes filed in tandem. If the courtroom grants each motions, the order for a brand new trial can stand even when the JNOV is reversed on enchantment. On this method, the brand new trial order acts as a backup for the JNOV.

Different post-trial motions

Whereas motions for brand spanking new trial or JNOV are the commonest, there are quite a few different potential post-trial motions, together with the next:

Movement for legal professional charges. In sure instances, the prevailing get together can search a post-trial award of legal professional charges, on both statutory or contractual grounds.
Movement for judgment of acquittal. After federal felony trials, a convicted defendant might file this movement asking the courtroom to put aside the conviction.
Movement to vacate, put aside, or appropriate a sentence. A federal felony defendant can file this movement after trial and sentencing-an often-used possibility for correcting a clerical error within the sentence
Movement to vacate judgment. Many jurisdictions enable this movement underneath some slim circumstances. In California, the movement will be introduced on the grounds of an misguided software of the regulation to the information.

Test the legal guidelines, rules, and courtroom guidelines of your jurisdiction for all of the potential pre-trial motions you need to think about.

Procedural necessities for submitting post-trial motions

The procedural necessities for post-trial motions are typically pretty exacting, with strict submitting deadlines. The deadlines are likely to date from the time of entry of judgment, though the precise set off will differ between completely different motions and from jurisdiction to jurisdiction. For instance, a movement for brand spanking new trial in federal courtroom should be filed inside 28 days of entry of judgment.

Past submitting deadlines, different procedural steps should typically be adopted for post-trial motions. Most of those will embody the widely required steps for all courtroom motions, together with—relying on the jurisdiction—such objects as a discover of movement or a memorandum of factors and authorities. In new trial motions in California, a “discover of intention” should even be filed that lists all of the grounds for brand spanking new trial to be asserted within the movement itself.

Preparation, submitting, and repair of your post-trial movement

Step one in making ready a post-trial movement is to determine the precise grounds on your movement. When you doubtless have some thought of the premise for such a movement from really conducting the trial, right here is the place you’ll need to dig deeply for concrete backing on your authorized contentions. This may occasionally embody reviewing the trial transcript rigorously, in addition to the jury directions.

After getting an thought of the kind of movement to file and the authorized grounds, analysis case and statutory regulation rigorously. In the event you want any affidavits or declarations, get hold of these promptly. (For example, claims of juror misconduct are sometimes supported by affidavits from jurors.) Additionally connect any required displays to assist the movement.

Comply with all necessities of your jurisdiction for structuring, formatting, and serving the movement. The opposite get together will typically have a possibility to file an opposition, and the transferring get together will usually be capable to file a reply transient, previous to the listening to on the movement.

Navigating the aftermath of the courtroom’s choice

As soon as the courtroom renders its choice in your post-trial movement, you will need to decide how to answer any antagonistic choice. What kind of reduction you search will probably be first decided by the kind of movement you made and the precise consequence.

A main consideration for post-trial motions you lose will probably be whether or not to enchantment the choice. First decide whether or not you possibly can enchantment within the first place. For instance, you could possibly enchantment an order granting a brand new trial, however not enchantment an order denying a brand new trial. (Observe right here that you just nonetheless could possibly enchantment the judgment itself, simply not the denial order.) The deadline for submitting an enchantment is mostly prolonged by submitting post-trial motions.

Ultimate ideas on post-trial motions

Publish-trial motions are a tough side of trial observe, however any litigator should be snug with them. Study the ins and outs of post-trial motions on your jurisdiction so you possibly can maximize your probabilities of trial success.

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We revealed this weblog submit in Might 2024. Final up to date: Might 31, 2024.

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