Post-Trial Motions

The writers of the MBE like to test on the topic of motions. There are pretrial motions, motions made during trial, and post-trial motions. This post focuses on the latter: motions made after the verdict. 

There are two motions to keep in mind here, and the first is a motion for a new trial. A party must make this motion within 28 days of the judgment. There are a number of reasons why a judge might grant this motion. 

Each of the following is a potential ground:

~ the judge gave an erroneous jury instruction

~ new evidence was discovered that could not have been discovered before with due diligence. 

~ misconduct was committed by a juror, party, or lawyer, or etc. 

~ the judgement is against the weight of the evidence 

~ damages are inadequate or excessive (more on this later). 

The second posts trial motion to note is the motion for relief from order of judgement. The grounds for this motion are more demanding and the timeline in which to make the motion is longer. Rather than 28 days, this motion may be made any time if due to a clerical error, and within a reasonable time (up to a year) if due to anything allowable other than a clerical error. This motion might be made if the 28 day window has run on a motion for a new trial.

Specifically, the following grounds are allowable:

~ clerical error

~ mistake, or excusable neglect

~fraud, misrepresentation, or misconduct by the opposing party

~ newly discovered evidence that could not have been discovered with due diligence with enough time to make a motion for a new trial and existed at the time of trial

~ a void judgment 

The next topic does not specifically fall under the category of a motion, but is motion adjacent. Rather than moving for a new trial if damages are inadequate or excessive, the court might suggest remittitur and additur. 

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