Sample opposition to motion for new trial in United States District Court.

Sample opposition to motion for new trial in United States District Court

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Sample opposition to motion for new trial in United States District Court.

This sample opposition to a motion for a new trial in United States District Court is filed on the grounds that

  • The motion is untimely pursuant to Federal Rule of Civil Procedure 59(b) in that it was filed more than 28 days after entry of judgment,
  • The moving party has failed to meet their burden in that they have failed to show that,
  • The verdict is contrary to the clear weight of the evidence,
  • Is based upon false or perjurious evidence,
  • A new trial is necessary to prevent a miscarriage of justice and
  • Newly discovered evidence that could not have been discovered earlier with due diligence and the newly discovered evidence is of such magnitude that production of it earlier would likely have changed the outcome of the case.

The sample has been revised and updated in 2019, is 10 pages and includes,

  • Brief instructions,
  • Memorandum of points and authorities with citations to case law and statutory authority,
  • Sample declaration, and
  • Proof of service.

The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale.

Note that the author is NOT an attorney and no guarantee or warranty is provided.