New trial

New trial

A new trial or retrial is a recurrence of a court case. Depending on the rules of the jurisdiction, a new trial may occur if:

  • a jury is unable to reach a verdict (see hung jury);
  • a trial court grants a party's motion for a new trial, usually on the grounds of a legal defect in the original trial; or
  • an appellate court reverses a judgment under circumstances requiring that the case be tried again.

In some types of cases (for example, if the original trial court was not a court of record) or in some legal systems, if the losing party to a case appeals, then the appellate court itself will hold a new trial, known as a trial de novo.

In the United States, if a defendant is acquitted of a crime, the Fifth Amendment generally prohibits a retrial; thus, with few exceptions,[1][2] a retrial only can occur if the verdict in the first trial was "guilty," or if there was no verdict. In other legal systems, the rules may be different.

See also

Notes

  1. ^ Bartkus v. Illinois, 359 U.S. 121 (1959).
  2. ^ Heath v. Alabama, 474 U.S. 82 (1985).

External links



Wikimedia Foundation. 2010.

Игры ⚽ Нужно сделать НИР?

Look at other dictionaries:

  • new trial — n: a repeat inquiry by the same court into all or some of the issues in an action for the purpose of correcting a problem (as the improper admission of evidence) in the prior trial, determining the merits of a challenge (as that the verdict is… …   Law dictionary

  • new trial on appeal — A new trial or trial de novo with limitations. The normal review on appeal or by error proceeding is confined to consideration of the record below, with no new testimony taken or issues raised in the appellate court, the tendency being to limit… …   Ballentine's law dictionary

  • new trial — A re examination of an issue of fact by the trial court with a view to correcting errors which have occurred in the course of the former trial. State v Burns, 312 Mo 673, 280 SW 1026, 44 ALR 848. A re examination in the same court of an issue of… …   Ballentine's law dictionary

  • motion for new trial — A request made by a party, after a judgment is entered in a lawsuit, that the judge vacate that judgment and order a new trial. Typically, a motion for new trial argues that the judge made a significant legal error or that there was insufficient… …   Law dictionary

  • motion for a new trial — n.    a request made by the loser for the case to be tried again on the basis that there were significant legal errors in the way the trial was conducted and/or the jury or the judge sitting without a jury obviously came to an incorrect result.… …   Law dictionary

  • rule absolute for a new trial — An abbreviated form of entry of an order for a new trial. The order of the court formerly entered would be judgment vacated, verdict set aside and new trial granted. Fisher v Hestonville, Mantua & Fairmount Passenger Railway Co. 185 Pa 602, 605,… …   Ballentine's law dictionary

  • notice of intention to move for a new trial — A notice required by statute in some states to be served upon the adverse party by the party intending to move for a new trial, designating the statutory grounds upon which the motion will be made, and whether it will be made upon affidavits or… …   Ballentine's law dictionary

  • case to move for a new trial — The losing party s statement of the case prepared for use on his motion for a new trial …   Ballentine's law dictionary

  • judgment vacated, verdict set aside, and new trial granted — The formal order for a new trial to be entered in the court record. Fisher v Hestonville, Mantua & Fairmount Passenger Railway Co. 185 Pa 602, 40 A 97 …   Ballentine's law dictionary

  • trial — tri·al n [Anglo French, from trier to try]: a judicial examination of issues of fact or law disputed by parties for the purpose of determining the rights of the parties compare hearing, inquest at trial: in or during the course of a trial Merriam …   Law dictionary

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”