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. This
motion must be made within a few days after the judgment is formally entered and
is usually heard by the same judge who presided at the trial. Such a motion is seldom
granted (particularly if the judge heard the case without a jury) unless there is
some very clear error which any judge would recognize. Some lawyers feel the motion
helps add to the record of argument leading to an appeal of the case to an appeals
court.
See also judgment notwithstanding the verdict motion N. O. V.
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