How soon must I file?

Timeliness depends on the case type: federal civil motions under Fed. R. Civ. P. 59 are generally due within 28 days after judgment; federal criminal motions under Fed. R. Crim. P. 33 generally must be filed within 14 days after the verdict or judgment. Verify local rules for state court deadlines.

Can I raise new legal arguments?

A motion for new trial typically focuses on trial errors or newly discovered evidence rather than novel appellate legal arguments; if you wish to raise pure legal error, consider timing and whether a motion for reconsideration or direct appeal is appropriate.

Are electronic signatures acceptable?

Many courts accept electronically signed filings if permitted by local rules and e-filing systems; ensure the e-signature method meets court authentication requirements and retain an audit trail per ESIGN and local practice.

What supporting evidence is required?

Include authenticated transcripts, sworn affidavits, and labeled exhibits; unsworn or unauthenticated materials are often disregarded and can doom the motion.

Do I need a proposed order?

Yes. Attach a proposed order granting the relief requested to aid the judge and conform to most local rules that request or require a proposed order.

What if the court denies the motion?

A denial preserves the record for appeal; consult appellate counsel promptly to evaluate grounds and timing for appeal to ensure preservation of issues.

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Motion for New Trial

Motion for New Trial

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

What a Motion for New Trial Is and when it applies

A Motion for New Trial is a post-judgment request asking the court to set aside a verdict or judgment and order a new trial. Parties typically move on grounds such as newly discovered evidence, juror misconduct, procedural or substantive errors at trial, or verdicts that are against the weight of the evidence. Federal practice is governed by Fed. R. Civ. P. 59 for civil cases and Fed. R. Crim. P. 33 for criminal matters; state courts apply comparable rules and local court practice. Timeliness, clear factual support, and proper service are critical to preserve appellate rights.

Why filing a Motion for New Trial matters

A successful motion can correct trial errors without immediate appeal, allow admission of new evidence, or protect rights lost by procedural mistakes.

Who typically prepares and files this motion

Lead counsel usually drafts and files the motion, but self-represented litigants (pro se) may file with the court directly.

Plaintiff or Defendant counsel — Prepares legal argument and supporting exhibits; follows local rules for filing and service.
Pro se litigant — May file directly but must meet procedural and timing requirements without attorney assistance.
Appellate counsel — Often consulted when motion affects appellate preservation or post-trial strategy.

Typical signatories and responsible parties

Attorney of Record

The attorney of record signs the motion for the party and certifies compliance with local filing rules; the signature also certifies factual and legal bases under applicable professional conduct rules.

Pro Se Litigant

A self-represented party signs and files the motion personally; courts hold pro se filers to procedural deadlines, so careful adherence to form and timing is essential.

Core components of a professional Motion for New Trial

A complete motion organizes legal standards, factual support, and evidence to persuade the judge to order a new trial; below are the standard sections to include.

Case Caption

Complete caption showing court name, parties, docket number, and judge; errors here can delay processing and cause misrouting within the clerk’s office.

Introduction

Concise opening stating the relief sought, the procedural posture, and a roadmap of the motion’s primary legal grounds and supporting materials.

Statement of Facts

Clear, chronological description of trial events and the specific facts establishing error or newly discovered evidence supporting a new trial.

Legal Argument

Cite controlling statutes and rules such as Fed. R. Civ. P. 59 or Fed. R. Crim. P. 33 and explain how the facts meet the legal standard for relief.

Supporting Evidence

Attach transcripts, affidavits, exhibits, and declarations that corroborate factual assertions, including proof of newly discovered evidence where applicable.

Prayer for Relief

Specify the exact relief requested (new trial, limited retrial, or alternative relief), and include a proposed order for the judge’s convenience.

Essential information to include on every motion

Case Caption: Court name, party names

Docket Number: Official case ID

Judge/Division: Assigned judge name

Relief Sought: Specific remedy sought

Supporting Exhibits: Transcripts, affidavits

Signature Block: Signer name, bar number

Step-by-step: Preparing and filing the motion

Follow a clear, procedural sequence to prepare the motion, gather records, and serve opposing parties in accord with local rules.

01

Identify Grounds: Document precise legal and factual bases for relief.
02

Gather Evidence: Obtain transcripts, affidavits, and supporting exhibits promptly.
03

Draft Motion: Compose caption, facts, argument, and proposed order.
04

File and Serve: File with clerk and serve per local rule timelines.

Customizing and e-filing the motion online

Configure your e-filing workflow to match court requirements and preserve an auditable record of filing and service.

Field	Configuration
Document Format	PDF/A, text-searchable preferred
Signature Type	Typed or e-signature per local rule
Exhibit Upload	Label files and attach as single archive
Service Method	E-service or certified mail per rules

Where to file and how submissions are routed

Filing location and routing depend on jurisdiction; federal and state systems have distinct electronic filing portals and clerk procedures.

Federal Court: Use CM/ECF to file and serve registered users
State Court: Use the state e-filing portal or clerk’s office per local rule
Criminal Matters: Follow specific criminal rules for sealed filings and transcripts
Service: Serve opposing counsel and file proof of service

Digital signing and technical requirements

Ensure your eSignature and e-filing setup meets the court’s technical and authentication requirements before filing.

File Types: PDF, PDF/A preferred
Authentication: Email or multi-factor signer verification
Integrations: Supports court portals and cloud storage

Keep copies of submission receipts, timestamps, and audit trails to document filing and service for the court and appellate record.

Common timing rules and deadlines to track

Timeliness depends on whether the case is civil or criminal and on local court rules; missing deadlines can forfeit relief and appellate preservation.

Federal Civil:

File within 28 days after entry of judgment (Fed. R. Civ. P. 59)

Federal Criminal:

File within 14 days after verdict or entry of judgment (Fed. R. Crim. P. 33)

State Courts:

Deadlines vary by state and local rule; confirm with clerk

Transcript Requests:

Order transcripts promptly; delays can impact timeliness

Service:

Proof of service must be filed per local rules

Key milestones from verdict to judge’s decision

Track milestones to preserve issues and document compliance with procedural timelines after judgment.

01

Prepare Motion

Draft motion, affidavits, and exhibit index promptly after judgment.

02

File Motion

Submit motion to clerk and obtain filing stamp or electronic receipt.

03

Opposition Period

Opposing party files response within the local rule timeframe.

04

Hearing/Decision

Judge may set hearing or rule on papers; decision may grant, deny, or modify relief.

Common preparation mistakes to avoid

Missing or late transcript orders that render newly discovered evidence claims untimely.
Failing to attach or properly label exhibits, making factual assertions impossible to verify.
Overbroad or unsupported legal claims without pinpointed case law and specific trial record citations.
Improper service or filing format that causes the motion to be rejected or untimely.

Consequences of incorrect or late motions

Waiver of Issues: Untimely motions can forfeit appellate preservation

Sanctions: Courts may impose monetary sanctions for frivolous filings

Denial: Improperly supported motions are frequently denied

Delay: Poor drafting can create procedural delay without relief

Costs: Unnecessary filings increase litigation costs

Contempt Risk: Failure to comply with court orders risks sanctions

How a Motion for New Trial compares to other post-judgment remedies

Compare grounds, timing, and typical relief to choose the correct post-judgment procedure.

Criteria	Motion for New Trial	Appeal
Grounds	new evidence/juror misconduct	legal or procedural error
Timing	short post-judgment window	post-judgment appellate window
Remedy	retrial ordered	reversal or remand
Record Focus	trial record and transcripts	appellate briefs and record

Typical eSignature vendor comparison for preparing and signing legal motions

Compare basic pricing and common compliance features for eSignature platforms used to prepare, sign, and distribute court filings. Vendor and plan details vary by contract and billing cadence.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Practical tips for accurate and efficient motion preparation

Follow these practices to reduce risk of rejection, preserve appellate rights, and present a persuasive record to the court.

Order Transcripts Early

Request necessary transcript portions immediately after judgment to avoid delays; missing transcripts can preclude newly discovered evidence claims.

Use Clear Exhibit Indexing

Label and paginate exhibits consistently and reference exhibit numbers in the motion to speed review and avoid clerical objections.

Cite Governing Rules

Reference specific rules (e.g., Fed. R. Civ. P. 59, Fed. R. Crim. P. 33) and controlling cases that directly support the requested relief.

Preserve Service Records

File proof of service and keep delivery receipts or electronic confirmation for appellate record and compliance.

Illustrative examples of Motion for New Trial scenarios

These examples show common factual patterns that can support a motion; adapt the reasoning to your case record and jurisdiction.

Juror Misconduct Example

After verdict, counsel uncovers juror communications indicating bias

Evidence includes screenshots and juror affidavit
The motion details misconduct, cites case law, attaches sworn affidavits and requests a new trial to preserve fairness and the record for appeal.

New Evidence Example

A key witness produces previously unavailable documents shortly after judgment

Documents materially alter proof at trial
The motion shows diligence in discovery, explains the evidentiary impact, attaches the new documents, and asks the court to grant a retrial.

Frequently asked questions about Motions for New Trial

Answers to common procedural and drafting questions to help avoid mistakes and prepare a complete motion.

Need help? Contact support

How soon must I file?
Timeliness depends on the case type: federal civil motions under Fed. R. Civ. P. 59 are generally due within 28 days after judgment; federal criminal motions under Fed. R. Crim. P. 33 generally must be filed within 14 days after the verdict or judgment. Verify local rules for state court deadlines.
Can I raise new legal arguments?
A motion for new trial typically focuses on trial errors or newly discovered evidence rather than novel appellate legal arguments; if you wish to raise pure legal error, consider timing and whether a motion for reconsideration or direct appeal is appropriate.
Are electronic signatures acceptable?
Many courts accept electronically signed filings if permitted by local rules and e-filing systems; ensure the e-signature method meets court authentication requirements and retain an audit trail per ESIGN and local practice.
What supporting evidence is required?
Include authenticated transcripts, sworn affidavits, and labeled exhibits; unsworn or unauthenticated materials are often disregarded and can doom the motion.
Do I need a proposed order?
Yes. Attach a proposed order granting the relief requested to aid the judge and conform to most local rules that request or require a proposed order.
What if the court denies the motion?
A denial preserves the record for appeal; consult appellate counsel promptly to evaluate grounds and timing for appeal to ensure preservation of issues.

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