One of the first things you should know about filing a new trial is that it’s dependent on a few rules and regulations but primarily Rule 59. It states that a motion for a retrial can be filed within 28 days of judgment, provided there’s new evidence or additional testimonies. Let’s assume you filed a motion for Rule 59, and it was passed.
Here’s how you should approach the new trial to get the result in your favor this time around.
Make Serious Preparations
There’s nothing worse than revisiting a trial and being under prepared. It’s important to understand that when you file a motion for a new trial, the opposition will know that you have substantial evidence that can overturn the decision. Therefore, they will be more than prepared and be ready to challenge most your arguments.
Revisit Testimonies
You should revisit all the previous testimonies during a retrial. You can assume that the opposition will make objections about asking the same thing again or wasting time, but it’s possible for the testimonies to be vague or untrue in light of new evidence. Furthermore, there’s also a chance that someone made a false testimony during the first trial to make up for the lack of evidence.
Verify Your New Evidence
It’s really important that the evidence you provide to file a motion for retrial is authentic and verified. Different types of evidence can be presented in the court of law. For example, new eyewitnesses, access to lost mobile devices, or even new video evidence.
If there’s any new video or audio evidence, then you can contact us verify them. We are court-certified forensic experts that have been working in the tech industry for decades and can identify any tampered evidence. We can even provide expert testimonies in front of a judge to verify the evidence.
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