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Can I file a motion for new trial on new evidence?
Denton, TX
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Posted about 1 month ago in Litigation
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I have been trying to get the hearing date on the motion for new trial since 06/26/09 but the opposing counsel is not agreeing on any date available.
The first hearing date set by my attorney was cancelled by the court due to being in jury trial. I kept on telling my attorney to get the new date of hearing but his request for the hearing date fell on deaf ears. Eventually he told me that 75 days have been passed since the filing of the motion for new trial, therefore, judge will say that he has no jurisdiction over the matter. My question is since the court and the opposing counsel have let the time run out on motion for new trial, which let me find some new evidence about my decree, which is very compelling and could change the outcome of the decree. Will the motion be accepted? Answers (2)
Andrew Daniel Myers
This attorney is licensed in Massachusetts and 1 other state.
Posted about 1 month ago.
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Motions for a new trial are disfavored due to the need for finality in the legal system.
Newly discovered evidence is not enough. What is required is that the newly discovered evidence must not have been discoverable through the use of due diligence at the time of the first trial. The only example I can think of off hand is the reversals of criminal convictions that have come about through the introduction now of DNA evidence, where, when the defendants were tried the first time, there was no such thing as DNA evidence. You're trying to push a boulder uphill. This answer is provided for informational purposes only. True legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction and with experience in the area of law in which your concern lies. 
Kevin L. Colbert
This attorney is licensed in Texas.
Posted about 1 month ago.
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In Texas, the trial court loses its plenary jurisdiction over a matter by operation of law after 75 days from entry of a final judgment - here your decree. Your option now is to appeal, but bringing forth new evidence on appeal typically is not successful.
Your attorney had the obligation to push for the new trial, not the opposing counsel (who would not want a new trial) nor the court. Time has passed and the motion for new trial, if filed, will not even be heard because the court no longer has jurisdiction. The appeals process is your next possible avenue. |
