Civil Litigation-Posttrial Motions
Once a jury verdict is entered, either party has a right to make posttrial motions. Those posttrial motions will typically come in the form of a motion for a new trial, a motion to decrease the size of a jury verdict, or, in some instances a motion to increase the size of the jury verdict.
Judges are reluctant to disturb a jury verdict. The traditional thinking has been that once a jury has spoken, that statement is final. If, however, the jury obviously disregarded the instructions of the court or returned a verdict that is clearly excessive or inadequate, the court has the authority to set aside that verdict (and, in some states, to actually alter that verdict).
Motions for a new trial must be based on some procedural error committed by the trial judge. For instance, if the trial judge were to admit evidence that should not have been admitted, allowed an attorney to say something to the jury that is inappropriate, or improperly instructed the jury on an issue of law, then any of those may be a basis for a motion for new trial.
