Can you explain a few differences between the motion for a new trial and an appeal? Is the motion for a new trial submitted to the same judge and he decides whether one is allowed? And who hears the appeal request? We were in district court, so would it be the three judges of theAppellate court and, in that the defendants won damages
(huge damages.... $99k), would it be necessary to deposit the damages with the court prior to asking for the appeal?- Briefly, so you understand on what grounds I would be requesting a new trial and/or an appeal:
1) at the beginning of the trial, the judge ruled in our favor on my motion for a summary judgment on my and my wife’s standing to sue as 3rd-party beneficiaries. Prior to that, defending attorney resisted our demands for discovery on the basis we had no standing to submit papers to the court; and
2) the defending attorney, as the responsible attorney as a result of our pro se status, a) failed to file a Notice To Set Trial Management Conference; b) failed to file a Certificate of Compliance; and c) claiming that we did not respond to his emails filed a Proposed Case Management Order, omitting our claims, evidence and witnesses. Shortly prior to the trial, I submitted a Proposed Amendment to the Case Management Order including our arguments, evidence and witnesses. However, stating that I did not timely provide evidence to defending counsel, the judge allowed me to argue my case but prevented me from using any evidence (except the defendant’s), including all the documents that were filed properly in the earlier FED action. The judge did allow the defendant’s evidence, which was submitted as Supplemental Disclosures, but that actually missed the 49-day requirement by a few days.
3) We have since discovered that Defendant (Landlord) perjured himself is hi testimony.