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a motion for a new trial is filed before sentencing asking the judge basically for a new trial the reason can be many reasons that you would ask for a motion for new trial but it's generally filed after the jury returns a verdict of guilty but before the person is actually sentenced there's new evidence that wasn't that wasn't presented at the trial because it wasn't known to the defense counsel and therefore new evidence exists we call those witnesses to the stand at this motion for new trial and if the judge believes that this new evidence would have changed the outcome of the trial the judge could potentially grant a motion for new trial based upon newly discovered evidence or based upon ineffective assistance of counsel another thing it could be a new trial based upon the judge making a mistake the motion for new trial is granted the judge will basically I'll turn toward the DA and basically ask the da what's their pleasure they're the moving party they are the people of the state

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