LEGAL GUIDE
Written by attorney Ryan Michael Reppucci | Dec 4, 2010

Motion for New Trial in Arizona Family Court Matters.

Rule 83, Arizona Rules of Family Law Procedure (ARFLP), govern motion practice and grounds for granting of a new trial in Arizona Family Court Matters. A motion for a new trial must be filed not later than fifteen (15) days after entry of judgment.

Rule 83 (A) sets forth that "[a] ruling, decision, or judgment may be vacated and a new trial granted on motion of the aggrieved party for any of the following causes materially affecting that party's rights:

  1. irregularity in the proceedings of the court or a party, or abuse of discretion, whereby the moving party was deprived of a fair trial;

  2. misconduct of a party;

  3. accident or surprise which could not have been prevented by ordinary prudence;

  4. material evidence, newly discovered, which with reasonable diligence could not have been discovered and produced at the trial;

  5. error in the admission or rejection of evidence or other errors of law occurring at the trial or during the progress of the action;

  6. that the ruling, decision, findings of fact, or judgment is not justified by the evidence or is contrary to law."

A new trial may be granted to all or any of the parties and on all or part of the issues for any reasons for which new trials are authorized by law or rule of court. On a motion for a new trial, the court may open the judgment, if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.

A motion for new trial filed with the court shall be in writing, shall specify generally the grounds upon which the motion is based, and may be amended at any time prior to it being ruled upon by the court. Other items should be included in your motion to demonstrate with sufficiency that your request is justified. For better determination on other items to include, it is suggested that you first meet with an experienced Arizona Family Law Attorney.

Upon submission to the court, if your motion is granted, that court will set a new trial on the question or questions with respect to which the previous ruling / decision was found to be erroneous, if separable.

It is important to note, that a request for a new trial does not thwart or stop the appellate process. Meaning that a person would still need to file a notice of appeal within the proscribed period to preserve that right in the event the new trial motion were denied. Again, for more information on this or any other family law matter, contact the experienced Arizona Family Law Firm.

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