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Land Mine #10: Motion for New Trial

Land Mine #10: Motion for New Trial

A motion for new trial and order entered thereon is a prerequisite to challenging the sufficiency (manifest weight) of the evidence on appeal. The same rule exists for challenging the inadequacy or excessiveness of the verdict. Merely alleging in a motion for a new trial that the verdict is contrary to the manifest weight of the evidence will not be sufficient to preserve for review inadequacy or excessiveness of the damages. A motion for new trial is not required to review issues unrelated to the sufficiency of the evidence, such as rulings on evidence and jury instructions.

Hopefully a working knowledge of some of these key fundamentals will help you successfully navigate through the many potential land mines facing today’s trial lawyer.

The Law Offices of Jennifer S. Carroll, P.A.

700 Village Square Crossing #101
Palm Beach Gardens, FL 33410
Phone: (561) 478-2102
Fax: (561) 478-2143