XII. MOTION FOR NEW TRIAL

Question 1

Function

Answer 1

A motion for new trial may be based on any alleged error on the part of the trial court. If granted, the case will be re-tried and it will be as if the original trial had “never happened.”

A trial court must set forth, in its order granting a new trial, specific reasons for setting aside the jury’s verdict. The trial court must go beyond general statements such as stating that the new trial is granted “in the interest of justice.” Use of such vague language will be insufficient.

Question 2

B. Necessity
Example [February 2000 #19; February 2001 #19; July 2001 #19; and July 2002 #20; July 2005 #20; July 2006 #20; July 2007 #20; February 2010 #20]: Suppose plaintiff sues defendant for breach of contract. The jury finds in favor of the plaintiff. Defendant believes that the trial judge incorrectly overruled his objections to plaintiff’s damage evidence. In order to preserve defendant’s objection concerning damages, must a motion for new trial be filed?

Answer 2

no. A motion for new trial is a prerequisite for an appeal only as to the following matters:
• a complaint of inadequacy or excessiveness of damages found by a jury;
• a complaint on which evidence must be heard, such as jury misconduct or newly-discovered evidence, or failure to set aside a judgment by default. Evidence related to juror misconduct must relate to “outside” influences, not the deliberations of the jurors, and show that the party sustained actual and material harm;
• a complaint of factual insufficiency to support a jury finding is used by a party without the burden of proof to challenge an adverse finding;
• a complaint that the jury’s findings are against the great weight and preponderance of the evidence is used by a party with the burden of proof to challenge an adverse finding;
• an incurable jury argument, if not otherwise ruled on by the trial judge;

Question 3

C. Timing

Answer 3

The original and any amended motions for new trial must be filed within 30 days after the judgment is signed. [February 2003 #19; February 2009 # 20]

Question 4

D. Plenary Power

1. Definition
2. Impact of Motion for New Trial

Answer 4

D. Plenary Power
1. Definition
For a limited time after a final judgment is signed, the trial court retains an inherent power to set aside, modify, or amend the judgment without the necessity of a formal written or oral motion by a party.
The trial court has plenary power to grant a new trial, or to vacate, correct, or reform its judgment for 30 days following the signing of a final judgment. The trial court’s plenary power ends upon the expiration of 30 days.

2. Impact of Motion for New Trial
   a. Motion Granted
   If a motion for new trial is granted, the original proceeding is set aside and the cause is reinstated on the docket as though it had never been tried.
   b. Motion Denied
   If a party moves for new trial, the trial court’s plenary power extends to 30 days from the date the motion is overruled, either by written order or by operation of law. Because the motion for new trial will be deemed overruled by operation of law on the 75th day after the court signs the judgment, the trial court’s plenary power will expire, at the latest, on the 105th day from the date it signs the judgment. [February 2000 #20; February 2003 #20; February 2009 #20; July 2010 #20]

Question 5

Example [July 2005 #18]: Suppose the defense attorney believes that plaintiff has presented no evidence on an element of plaintiff’s cause of action (i.e., plaintiff’s evidence is legally insufficient). What motions could be filed in the trial court at the pretrial stage, at the close of plaintiff’s case, and after the receipt of an adverse verdict? If the trial court denies all these motions, what action should be taken on appeal if the legal sufficiency point is established?

Answer 5

The defense attorney could file:
• a no evidence summary judgment motion;
• a motion for direct verdict at the close of P.’s case; and
• a motion JNOV.
On appeal, the Court of Appeals should reverse and render because the appellant is entitled to judgment as a matter of law.

Question 6

Example [July 2005 #18]: Suppose the defense attorney believes that plaintiff has presented no evidence on an element of plaintiff’s cause of action (i.e., plaintiff’s evidence is legally insufficient). What motions could be filed in the trial court at the pretrial stage, at the close of plaintiff’s case, and after the receipt of an adverse verdict? If the trial court denies all these motions, what action should be taken on appeal if the legal sufficiency point is established?

Answer 6

The defense attorney could file:
• a no evidence summary judgment motion;
• a motion for direct verdict at the close of P.’s case; and
• a motion JNOV.
On appeal, the Court of Appeals should reverse and render because the appellant is entitled to judgment as a matter of law.