| name | motion-new-trial |
| title | Motion for New Trial |
| description | Drafts a post-verdict Motion for New Trial in criminal defense cases. Structures arguments around recognized grounds (weight-of-evidence, newly discovered evidence, prosecutorial misconduct, juror misconduct, IAC, judicial error) with record citations. Use when filing a motion for new trial, post-conviction motion, or requesting the court set aside a criminal verdict. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/motion-new-trial |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | criminal |
| language | en |
| tags | ["drafting","litigation","motion"] |
Motion for New Trial
Drafts a motion asking the trial court to set aside a jury verdict and order a new trial, with ground-by-ground legal and factual support from the trial record.
Required Inputs
- Verdict info — date, charges of conviction, case number, court
- Trial transcripts — page/line citations for key testimony, rulings, objections
- Exhibit list — numbered trial exhibits
- Jury instructions — as given and any refused defense instructions
- Applicable rule — Fed. R. Crim. P. 33 or state equivalent
- Post-trial materials (if any) — newly discovered evidence, affidavits, expert reports
Quick Start
- Collect verdict details, transcripts, and exhibit list.
- Identify which grounds the record supports (see checklist below).
- Draft each supported ground with record citations.
- Compile into motion format with caption, introduction, grounds, memorandum, and prayer.
Output Structure
1. Caption & Header
Standard jurisdiction-format caption. Include court name, case number, defendant's full legal name. Title: "DEFENDANT'S MOTION FOR NEW TRIAL."
2. Introduction (½–1 page)
| Element | Content |
|---|
| Procedural authority | Specific rule and statutory basis |
| Verdict date & charges | Conviction counts identified |
| Relief sought | New trial; evidentiary hearing if applicable |
| Thesis | One sentence on why the verdict should be set aside |
3. Grounds for New Trial
Draft each ground as a separate labeled section. Include only grounds supported by the record.
Per-ground structure:
- Factual basis — record citations (witness, transcript page:line), exhibit numbers, quoted rulings/testimony
- Legal standard — governing test from controlling authority; key cases granting relief
- Application — map facts to each element; show prejudice/effect on verdict
- Anticipate rebuttal — address harmless error, waiver, or procedural default arguments
Grounds checklist (assert only those supported):
