We’re post-trial experts. Our mission is to correct error in the most expeditious way possible. Done properly, motions for new trial or for reconsideration can do that.
We believe that trial judges genuinely want to get it right. But listening to evidence at trial can be like drinking water through a fire hose. No one can get it right 100% of the time.
Motions to Reconsider
When a trial court has misread the evidence or has committed legal error by misapplying the law and a final order has not been signed and entered, a motion to reconsider may be warranted. Asking the judge to reconsider their ruling prior to entering a final order is important, because trial courts have greater leeway legally, and are simply more likely to be amenable to reconsidering their ruling prior to a final order being entered. A well-written and well-reasoned motion to reconsider can prevent a long and painful appeal for both parties.
Motions for New Trial
When a trial court has misread the evidence or has committed legal error by misapplying the law and a final order has been signed and entered, a motion for new trial may be warranted, although it must be filed within 30 days of the order being signed. It should be noted that a motion for new trial does not mean the entire case must re-open with a full new trial is held. Motions for new trial can be limited in their scope to one or more specific issues so long as the issues are clearly seperable without unfairness to the parties.
A trial court may grant a new trial for “good cause”, however, a body of case law has developed on the subject of what may constitute “good cause.” For example, a mistake by a party that is not induced by the other party cannot constitute good cause, nor is the finding of new evidence unless the court finds that the evidence could not have been found with due diligence prior to trial. In short, although requests for new trial may be successful in many cases, the judge does not have the same amount of discretion as they would in a motion to reconsider.
A motion for new trial extends the deadline for filing a notice of appeal from 30 days to 90 days.
Post-Trial Negotiation
An often neglected but highly important aspect of post-trial work is post-trial negotiation. This negotiation often goes on during the process of asking a court to reconsider or grant a new trial. Good lawyers often know (or can be taught) when they have “won” in a way that cannot hold up on appeal. Good lawyers also do not want their clients to go through an exensive appeal only to lose what they have gained or be returned to the trial court to try again. Therefore, an effort to negotiate an agreement to a corrected and/or more favorable court order should be often be attempted. If through negotiation a client can receive an modified or corrected order they can live with and avoid an appeal altogether, that is a successful outcome.
If you’ve recently received an adverse ruling and that you feel was erroneous, we’d love to talk to you. Give us a call to set up a consultation.