In a motion for a new trial, is the trial court bound by the same principles as the court of appeal?
California, United States of America
The following excerpt is from Pac. Corporate Grp. Holdings, LLC v. Keck, 181 Cal.Rptr.3d 399, 232 Cal.App.4th 294 (Cal. App. 2014):
In Barrese v. Murray (2011) 198 Cal.App.4th 494 [129 Cal.Rptr.3d 490] , the Court of Appeal emphasized that in ruling on a motion for new trial, the trial court may independently answer any questions of fact relevant to such a motion:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
What is the test for a motion to review an order from the Superior Court of Appeal against a motion of appeal against an order requiring the Court to review the order? (California, United States of America)
Can a motion to appeal a postconviction finding that the trial court lacks jurisdiction to hear the motion be appealed? (California, United States of America)
Is there any case law where the trial court would have exercised its discretion not to award a motion for damages even if the trial judge was aware of the fact that the motion was being brought before the court? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
What is the legal test for approval of a motion by the California Supreme Court on a motion to approve a motion for approval by the Court of Appeal? (California, United States of America)
Does a motion for a new trial need to be denied because the trial court did not abuse its discretion in denying the motion for new trial? (California, United States of America)
Does a denial of a motion for reconsideration by the appellate court of the Superior Court of Appeal affect the appealability of the denial of the motion to reconsideration? (California, United States of America)
On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)
Is a motion to modify a sentence in a personal injury case an unauthorized and unauthorized appeal from the order of the Superior Court of Appeal denying the motion? (California, United States of America)
