ABA Family Legal Guide

How the Legal System Works

The Civil Trial: Step by Step

Procedures After Trial

What options does the losing party have?

A losing party has two options. First, the losing party can ask the court to throw out the verdict and order a new trial if it can show the court that

• the verdict was contrary to the weight of the evidence; or
• serious errors or other misconduct were committed by the judge; or
• there was serious misconduct on the part of a juror, a lawyer, a witness, or a party; or
• the damages under the verdict are far out of proportion to the harm; or
• vitally important evidence that could not have been discovered before the end of the trial has only now been discovered.

Alternatively, or if these new trial motions do not succeed, the party may appeal the judgment to an appellate court.