An Ally In All Your Family Law Matters

Are you contemplating a new trial? Let’s take a look at what you will need to take into consideration.

On Behalf of | Jun 3, 2024 | Firm News

Filing a motion for a new trial stands as a pivotal recourse for those seeking to challenge a court’s decision. In Texas, a motion for new trial is not an opportunity to simply retry the case; rather it’s a mechanism designed to address specific legal errors or injustices that may have influenced the court’s decision. Whether grappling with custody arrangements, division of assets, or any other family law matter, understanding the process of filing a motion for new trial in Texas is crucial. Let’s delve into the essentials of this procedural step.

Here are some of the grounds for filing a Motion for New Trial:

1. Misapplication of Law: If the court applied the wrong legal standard or misinterpreted the law relevant to your case, you may have grounds for a new trial.

2. Newly Discovered Evidence: Discovering new evidence that could not have been reasonably discovered before the trial and is likely to affect the outcome of the case is another valid reason to request a new trial.

3. Jury Misconduct: If the trial involved a jury, and there is evidence of juror misconduct or bias that may have influenced the verdict, a motion for new trial may be appropriate.

4. Procedural Errors: Instances where procedural errors occurred during the trial, such as the admission of improper evidence or irregularities in the conduct of the proceedings, can warrant a new trial.

Filing a Motion for new trial in family law cases in Texas is a strategic maneuver that demands meticulous attention to procedural rules and legal arguments. Always remember, legal proceedings can be intricate, and seeking professional guidance can significantly enhance your prospects for success in the pursuit of justice withing the Texas family code system.