Friday, February 14, 2014

Granting of a New Trial

When I ask for reconsideration of a case in chancery, I always ask for a new trial normally due to cumulative factors which warrant a new look at everything.  A trial court's grant or denial of a motion for new trial is judged under an abuse of discretion. Redhead v. Entergy Mississippi, Inc., 828 So.2d 801, 806 (¶ 11) (Miss.Ct.App.2001).  New trials are rarely granted in chancery.  However, they may be appropriate where new evidence is discovered post trial that was unknown to the parties.  I have had a new trial granted in a case before where evidence surfaced of ongoing child abuse post-trial.  As such, a new trial is something to look at under the right facts or in the event of multiple errors where at least an evidentiary hearing may be appropriate to make a proffer of the proof. 

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