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.