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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 29818
Experience:  Lawyer
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God morning, If a judge had overturned a jury decision without

Customer Question

God morning,
If a judge had overturned a jury decision without overt explanation, to date, is new evidence considered in the case? No know evidence is available, to our knowledge. This is a civil, cyber-bullying, defamation of character lawsuit, won by jury trial. In the interim, is the judge researching, seeking new evidence, to attempt to overturn the jury decision? This is a case in the state of Ga.
Many thanks for day helpful advice,
Catherine
Submitted: 2 years ago.
Category: Legal
Expert:  Lucy, Esq. replied 2 years ago.
Hi Catherine,

My name is ***** ***** I'd be happy to answer your questions today.
A judge has discretion to overturn a jury's verdict if he believes that it was not supported by the evidence presented at the trial. If there's new evidence that was not previously available, he can grant a NEW trial, which means you'd start over at square one as if the original trial never happened. He'd only be able to do that if the other party filed a motion and sent you a copy - you have a right to notice and an opportunity to be heard. There usually has to be a hearing on a Motion for New Trial before it's granted.
If the judge simply overturned the verdict and entered a judgment for the defendants, then it's possible to appeal. If he reopened the case and is holding a new trial, the time to appeal would be after that second trial. The docket should show the order, and your lawyer should know.
As far as the attorney goes, talk to your lawyer. Is he comfortable doing appellate work? Does he have experience with it? Are you comfortable with your existing lawyer's knowledge of the case? It may be more expensive to bring in someone new, because they'll have to review all of the evidence and the entire transcript of the case a lot more thoroughly than someone who was there every step of the way. So that's something else to keep in mind.
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