Motion: a New Trial Under FRCP 59(a): Proposed Order

This legal template pertains to a motion for a new trial under Rule 59(a) of the Federal Rules of Civil Procedure (FRCP) and includes a proposed order.

In the legal context, a motion for a new trial aims to request the court to reconsider its initial decision or verdict in a civil case. Rule 59(a) of the FRCP allows for such motions within the jurisdiction of the United States federal courts.

The purpose of this template is to assist attorneys or individuals involved in a civil case who believe there were errors or unfairness during the trial that materially affected the outcome. The motion seeks to persuade the court that a new trial is warranted, either due to irregularities during the original trial or the presence of newly discovered evidence that could alter the outcome.

The template likely includes the following elements:

1. Caption: This refers to the heading of the document, specifying the parties involved in the case, case number, and the court where the motion is filed.

2. Introduction: The motion would begin with an introduction, identifying the moving party and their representation. It may also provide a brief overview of the case and the reason(s) why a new trial is being sought.

3. Statement of Facts: The template may provide a section where the moving party outlines the key factual background relevant to the motion. This can include details about the trial, testimonies, evidence presented, and any irregularities that occurred during the proceedings.

4. Legal Argument: The template would likely include a well-organized legal argument section, where the moving party presents the legal basis for requesting a new trial under FRCP 59(a). This may involve citing relevant case law, rules, and statutes, and explaining how those legal authorities support the request.

5. Proposed Order: This aspect of the template would contain a suggested order for the court to grant the motion for a new trial. The proposed order would typically include specific language, such as directing the court to set aside the previous judgment or verdict, and granting a new trial with outlined conditions.

Overall, this template serves as a starting point for drafting a motion for a new trial under FRCP 59(a), providing a structure and framework for the legal arguments and a proposed order to assist the moving party in presenting their case to the court effectively.