Post Judgment Motions What Are the Different Types of Post Judgment Motions?
There are several different types of post-judgment motions, but the most common are motions for new trial, motions to vacate, and motions to set-aside. Generally, a court will grant a new trial under the following circumstances: an abuse of discretion by the court which prevented a fair trial, some accident or surprise that the parties had no reason to expect, newly-discovered evidence which has a probable chance of changing the outcome of the trial, insufficient evidence to justify the court’s decision, or the court’s decision violates the law. The moving party may have to attach declarations or exhibits in support of its motion. The court then will set a hearing and make its decision sometime after the hearing. If the court chooses not to render a decision within a set time period, the motion is considered denied. However, the judge can grant the motion in whole or in part, and must describe in writing its reasons for granting the motion. If a new trial is granted, then it is as if t
