U.S. flag

An official website of the United States government, Department of Justice.

Democrats have shut down the government. Department of Justice websites are not currently regularly updated. Please refer to the Department of Justice’s contingency plan for more information.

Law 101: Legal Guide for the Forensic Expert

Motion for a New Trial

The court may grant a motion for a new trial for several reasons:

  • Fundamental error (including a judge's error of including or excluding evidence when it was improper, or when incorrect instructions burdening the wrong party are given).
  • Error by counsel (including ex parte communication with a juror).
  • Error by the parties (including ex parte communication with a juror).
  • Newly discovered evidence.
  • Insufficient evidence.
  • Juror nondisclosure

Intentional juror nondisclosure occurs:   

  1. When there exists no reasonable inability of a prospective juror to comprehend the information asked in a question.
  2. When a prospective juror actually remembers an experience, or it was of such significance that the juror's purported forgetfulness of an experience is unreasonable.

Nondisclosure of information may only occur after a clear question is asked on voir dire.

Back Forward

Date Created: August 7, 2023