Case Trial Packet Louisiana Form
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People also ask
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What are the grounds for a new trial in Louisiana?
B. The court, on motion of the defendant, shall grant a new trial whenever any of the following occur: (1) The verdict is contrary to the law and the evidence. (2) The court's ruling on a written motion, or an objection made during the proceedings, shows prejudicial error.
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What happens in a new trial?
In simple terms, a motion for a new trial is a request to set aside the conviction and to have a new jury hear and redecide the case. If the motion is granted, the accused is given a second chance as if no previous trial had taken place.
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How long does it take to go to trial in Louisiana?
The court must bring you to trial within 120 days if you are charged with a felony or 30 days if you are charged with a misdemeanor and are still in custody. If you are not in custody, the court has 180 days to bring you to trial for a felony charge and 60 days for a misdemeanor charge.
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What is the threshold for a jury trial in Louisiana?
Jury Trials: Previously a jury trial was only authorized when the amount in controversy exceeded $50,000. The new law reduces the threshold for a jury trial to $10,000.
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What is a pre trial in Louisiana?
Pretrial is the time period after an individual has been arrested but before they have been convicted of a crime. During this time period, a pretrial services officer will gather information about the defendant through interviews and record checks.
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What is the difference between a new trial and a retrial?
A more thorough explanation: A retrial is a new trial of a case that happens after a previous trial has ended. It is done to re-examine some or all of the matters from the concluded trial.
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What is the speedy trial law in Louisiana?
(a) The trial of a defendant charged with a felony shall commence within one hundred twenty days if he is continued in custody and within one hundred eighty days if he is not continued in custody.
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What does motion for a new trial mean in law?
Common post-trial motions include: Motion for a New Trial – The court can vacate the judgment and allow for a new trial. This is rarely granted, but may be done “if the interest of justice so requires.” Motion for Judgment of Acquittal – Court may set aside the jury's verdict and allow the defendant to go free.
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