---
name: motion-new-trial
title: Motion for New Trial
description: Drafts a post-verdict Motion for New Trial in criminal defense cases. Structures arguments around recognized grounds (weight-of-evidence, newly discovered evidence, prosecutorial misconduct, juror misconduct, IAC, judicial error) with record citations. Use when filing a motion for new trial, post-conviction motion, or requesting the court set aside a criminal verdict.
author: CaseMark
author_url: https://github.com/CaseMark/skills/tree/main/skills/legal/motion-new-trial
license: Apache-2.0
version: 0.1.0
execution_mode: open
jurisdiction: us
practice: criminal
language: en
tags: [drafting, litigation, motion]
---

# Motion for New Trial

Drafts a motion asking the trial court to set aside a jury verdict and order a new trial, with ground-by-ground legal and factual support from the trial record.

## Required Inputs

1. **Verdict info** — date, charges of conviction, case number, court
2. **Trial transcripts** — page/line citations for key testimony, rulings, objections
3. **Exhibit list** — numbered trial exhibits
4. **Jury instructions** — as given and any refused defense instructions
5. **Applicable rule** — Fed. R. Crim. P. 33 or state equivalent
6. **Post-trial materials** (if any) — newly discovered evidence, affidavits, expert reports

## Quick Start

1. Collect verdict details, transcripts, and exhibit list.
2. Identify which grounds the record supports (see checklist below).
3. Draft each supported ground with record citations.
4. Compile into motion format with caption, introduction, grounds, memorandum, and prayer.

## Output Structure

### 1. Caption & Header

Standard jurisdiction-format caption. Include court name, case number, defendant's full legal name. Title: "DEFENDANT'S MOTION FOR NEW TRIAL."

### 2. Introduction (½–1 page)

| Element | Content |
|---|---|
| Procedural authority | Specific rule and statutory basis |
| Verdict date & charges | Conviction counts identified |
| Relief sought | New trial; evidentiary hearing if applicable |
| Thesis | One sentence on why the verdict should be set aside |

### 3. Grounds for New Trial

Draft each ground as a separate labeled section. Include only grounds supported by the record.

**Per-ground structure:**

- **Factual basis** — record citations (witness, transcript page:line), exhibit numbers, quoted rulings/testimony
- **Legal standard** — governing test from controlling authority; key cases granting relief
- **Application** — map facts to each element; show prejudice/effect on verdict
- **Anticipate rebuttal** — address harmless error, waiver, or procedural default arguments

**Grounds checklist** (assert only those supported):

| Ground | Key Elements | Standard |
|---|---|---|
| Weight of evidence | Miscarriage of justice despite jury deference | Unconscionable to let verdict stand |
| Newly discovered evidence | (1) Post-trial discovery, (2) due diligence, (3) material/not cumulative, (4) probably different result | All four prongs required |
| Prosecutorial misconduct | Specific acts depriving defendant of fair trial | Conduct undermined fundamental fairness |
| Juror misconduct | Extraneous info, improper communications, undisclosed bias | Reasonable possibility misconduct influenced verdict |
| IAC | (1) Below professional standards, (2) prejudice | Strickland v. Washington, 466 U.S. 668 (1984) |
| Judicial/legal error | Erroneous rulings affecting substantial rights | Abuse of discretion; not harmless beyond reasonable doubt |

### 4. Memorandum of Points and Authorities

For each ground: legal standard → controlling authority → application to facts. Bluebook citation format. Distinguish unfavorable precedent explicitly.

### 5. Prayer for Relief

- Set aside verdict on specified counts
- Order new trial
- Evidentiary hearing (for grounds involving facts outside the record — newly discovered evidence, juror misconduct, IAC)

### 6. Signature Block & Certificate of Service

## Pitfalls & Checks

- **Record-grounded** — every factual assertion must cite transcript page:line, exhibit number, or docket entry; never make unsupported claims
- **Preservation** — verify each issue was preserved at trial; if not, argue plain error or structural error
- **Timeliness** — note filing deadline (Fed. R. Crim. P. 33: 14 days post-verdict; 3 years for newly discovered evidence) [VERIFY against jurisdiction]
- **Local rules** — confirm page limits, formatting, and whether supporting briefs/affidavits file separately
- **No fabricated citations** — flag unknown authority with [VERIFY] and describe the legal principle
- **Trial court framing** — this motion addresses the trial court's discretion, not appellate review; frame arguments accordingly
- **Tone** — professional and measured, even when alleging misconduct; focus on legal merit over rhetoric
