A motion for new trial is a procedure that allows the trial court to order a new trial to correct significant errors in the previous trial that prevented a party from receiving a fair trial.
In Florida, a motion for a new trial is governed by the Florida Rules of Civil Procedure, specifically Rule 1.530. This rule allows a party to request a new trial on the grounds of irregularities in the proceedings, jury misconduct, newly discovered evidence, errors of law occurring at the trial, and verdicts that are against the weight of the evidence. The motion must be filed within 15 days of the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action. The decision to grant a new trial is at the discretion of the trial court, and such a decision is typically made when the court finds that the error complained of is sufficiently serious to warrant a new trial. If the motion is granted, the previous verdict is vacated, and the case is retried as if the first trial had not occurred. Appeals from the denial of a motion for a new trial are possible, and the appellate court will review the trial court's decision for an abuse of discretion.