How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask WiseOwl58 Your Own Question
WiseOwl58
WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 3675
Experience:  Experienced real estate lawyer and real estate broker.
62735101
Type Your Real Estate Law Question Here...
WiseOwl58 is online now
A new question is answered every 9 seconds

Can you explain a few differences between the motion

Customer Question

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.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  WiseOwl58 replied 1 year ago.
A motion for a new trial is filed in the trial court that held the trial previously, and asks the trial court to have a "do over" because something went wrong in the initial trial, i.e., the trial court itself is acknowledging an error. This is somewhat difficult to get, because the trial judge has to admit that he made a mistake and his trial should be done over again. On the other hand an appeal is filed with a higher level court (the appellate court) that has the right to overrule what the trial court has done. The appellate court considers what happened during the trial and makes a determination as to whether the trial court made an error. If the appellate court determines that the trial court made an error, it can reverse and make a new ruling opposite what the trial court did, or it can send the matter back to the trial court and tell the trial court to do the trial over again. In the later case, the appellate court doesn't make the decision itself, but mandates another trial. Please rate 4 or 5 to close out the question. Good luck to you. I wish you all the best.
Customer: replied 1 year ago.
Thanks, ***** ***** lawyer had already answered my question. I will have more questions going forward.
Expert:  WiseOwl58 replied 1 year ago.
Please rate 4 or 5 to close out the question. That way I will get credit for the work that I have done on your behalf, since the question was still open when I responded, and we try to provide good customer service here, which I trust I have done. Good luck to you. I wish you all the best.
Customer: replied 1 year ago.
I no longer need assistance and I would like my question to be closed
Expert:  WiseOwl58 replied 1 year ago.
Please rate 4 or 5 to close out the question. That way I will get credit for the work that I have done on your behalf, since the question was still open when I responded, and we try to provide good customer service here, which I trust I have done. Good luck to you. I wish you all the best.

Related Real Estate Law Questions