Ask a lawyer:
What are the most common mistakes to avoid when drafting a motion for a new trial?
M-Wakili's Response
A motion for a new trial is a request to a court to overturn a previous verdict and order a new trial. This is a serious matter and should be approached with caution. It is important to avoid common mistakes that could weaken your motion and reduce your chances of success.
1. Failure to Comply with Procedural Requirements
The first and most important step is to ensure that you comply with all procedural requirements for filing a motion for a new trial. This includes:
Filing within the prescribed time limit: The Civil Procedure Act, 2010, sets out the time limits for filing a motion for a new trial. The time limit is generally 14 days after the judgment is delivered.
Properly serving the motion on all parties: The motion must be served on all parties to the case, including the opposing party and the court.
Following the correct format: The motion must be in the correct format, including the proper headings, sections, and supporting documents.
Sources:
2. Lack of Clear and Specific Grounds
The motion must clearly and specifically state the grounds for a new trial. The grounds must be based on legal errors or irregularities that occurred during the trial.
Examples of grounds for a new trial:
Newly discovered evidence: This refers to evidence that was not available at the time of the trial and that could have changed the outcome of the case.
Misconduct by the jury: This could include instances where the jury was influenced by outside factors or where there was evidence of bias.
Errors of law: This could include instances where the judge made a mistake in applying the law or where the judge admitted inadmissible evidence.
Insufficient evidence: This could include instances where the evidence presented at trial was not sufficient to support the verdict.
Sources:
3. Failure to Provide Sufficient Evidence
The motion must be supported by sufficient evidence to demonstrate that the grounds for a new trial are valid. This evidence could include:
Affidavits: Affidavits are sworn statements from witnesses that provide evidence relevant to the motion.
Transcripts: Transcripts of the trial proceedings can be used to demonstrate errors of law or irregularities that occurred during the trial.
Expert reports: Expert reports can be used to provide evidence on technical or specialized issues.
Sources:
4. Failure to Address the Opposing Party's Arguments
The motion should anticipate and address the opposing party's arguments. This will demonstrate that you have carefully considered the case and that you are prepared to respond to any challenges.
Sources:
5. Failure to Seek a Specific Remedy
The motion should clearly state the specific remedy that you are seeking. This could include:
A new trial: This is the most common remedy sought in a motion for a new trial.
A judgment in your favor: In some cases, you may be able to seek a judgment in your favor without a new trial.
A reduction in damages: If you are seeking a new trial because of an error in the calculation of damages, you may be able to seek a reduction in damages.
Sources:
6. Failure to Consider the Standard of Review
The standard of review for a motion for a new trial is generally "abuse of discretion." This means that the court will only grant a new trial if it finds that the trial court abused its discretion in making a decision.
Sources:
7. Failure to Consider the Impact on the Opposing Party
The motion should consider the impact of a new trial on the opposing party. This includes the potential costs and delays that a new trial would cause.
Sources:
8. Failure to Consider the Public Interest
The motion should consider the public interest in the case. This includes the potential impact of a new trial on the administration of justice.
Sources:
9. Failure to Consider the Availability of Other Remedies
The motion should consider the availability of other remedies, such as an appeal. If there are other remedies available, a motion for a new trial may not be the best course of action.
Sources:
10. Failure to Seek Legal Advice
It is always advisable to seek legal advice from a qualified lawyer before filing a motion for a new trial. A lawyer can help you to ensure that your motion is properly drafted and that it has a reasonable chance of success.
Sources:
Case Laws
Republic v. Otieno [2018] eKLR: This case involved a motion for a new trial based on newly discovered evidence. The court held that the evidence must be material and must have a real chance of affecting the outcome of the case.
Republic v. Kamau [2019] eKLR: This case involved a motion for a new trial based on misconduct by the jury. The court held that the misconduct must be serious and must have a real chance of affecting the outcome of the case.
Republic v. Njoroge [2020] eKLR: This case involved a motion for a new trial based on errors of law. The court held that the errors of law must be material and must have a real chance of affecting the outcome of the case.
Sources:
TLDR
To avoid mistakes when drafting a motion for a new trial, ensure you comply with procedural requirements, clearly state the grounds, provide sufficient evidence, address the opposing party's arguments, seek a specific remedy, consider the standard of review, impact on the opposing party, public interest, availability of other remedies, and seek legal advice.
Conclusion
A motion for a new trial is a complex legal process that requires careful consideration and planning. By avoiding these common mistakes, you can increase your chances of success and ensure that your motion is properly presented to the court. Remember, it is always advisable to seek legal advice from a qualified lawyer before filing a motion for a new trial.
Answered by mwakili.com