texas civil-procedure trial
Preparing for Motion for New Trial
<p>What is needed to prepare for a Motion for New Trial Hearing? My understanding is I will get to make an opening statement, opposing counsel will list reasons to deny and then I will get to discuss my factors listed for why I believe it should be granted.</p>

<p>The first thing you need is a lawyer. Your lawyer will need to understand <a href="https://casetext.com/rule/texas-court-rules/texas-rules-of-civil-procedure/part-ii-rules-of-practice-in-district-and-county-courts/section-11-trial-of-causes/new-trials/rule-320-motion-and-action-of-court-thereon" rel="nofollow noreferrer">the standard for granting the motion</a> and be prepared with an explanation of why your case satisfies that standard. If the lawyer can cite to other cases where similar facts led to the outcome you're asking for, that will also be helpful.</p>

<p>Usually, a motion for new trial is made in writing, supported by an affidavit, if applicable, as well as legal authorities, within a short term after judgment is entered in the trial.</p>
<p>In Texas, the deadline <a href="https://casetext.com/rule/texas-court-rules/texas-rules-of-civil-procedure/part-ii-rules-of-practice-in-district-and-county-courts/section-11-trial-of-causes/new-trials/rule-329b-time-for-filing-motions" rel="nofollow noreferrer">according to this source</a>, is 30 days in District and County Courts (I have not confirmed that this is up to date or that it applies to all types of cases).</p>
<p>It would more often be resolved on the filed papers than following oral argument or an evidentiary hearing, although there is some discretion on the part of the judge on the matter, and the basis for the motion for new trial would be relevant to the kind of process that is followed.</p>
<p><a href="https://casetext.com/rule/texas-court-rules/texas-rules-of-civil-procedure/part-ii-rules-of-practice-in-district-and-county-courts/section-11-trial-of-causes/new-trials" rel="nofollow noreferrer">Texas Court Rules 320, 321, 322, 324, 326, 327, 329, 329a and 329b</a> provide the main requirements, but this comes with a heavy gloss of case law. Most college educated adults without legal training or a lawyer to assist them would struggle mightily to do it correctly and would most likely be unsuccessful at either securing a new trial or preserving issues for appeal by attempting to do so unsuccessfully.</p>

<p>Well you or your counsel should determine if there were any breaches of defense as far as evidence, records, etc. It would depend heavily on the circumstances and severity of charges, and I’m not sure if this is state law, but I think the burden of proof falls on your defense. Good luck!</p>
