Once you lose a trial, that does not necessarily mean that your case is finished. In either a criminal or a civil case, you can almost always file for post-conviction, or post-verdict relief.
Two of the most common methods for this are direct appeals, and a motions for new trial. Depending on the issue involved, one or the other of these methods might be best suited to your needs, and you should consult a lawyer. For purposes of this article, I want to explain some of the basics of each, and the differences:
What is a direct appeal?
A direct appeal is when, after a certain decision or ruling is made against you by a trial court, you ask for a higher court to review, and overturn, these decisions. For example, if you are convicted of a crime after a jury trial, you may think that the judge allowed the prosecutor to use evidence they shouldn’t have been allowed to use, or that the judge didn’t give the jury the right instructions on the law. Another example would be that a judge has granted a motion to dismiss after you filed a civil lawsuit, improperly deciding that you failed to state a claim. Or, as a final example, if a judge issues a restraining order against you that wasn’t properly supported by the evidence.
Any of these examples would allow you to file a direct appeal to challenge that trial court judge’s ruling. Usually, you would need to file a notice of appeal within a strictly specified time, so it is important not to wait too long. Once you appeal, the case then would go through the appellate process, including briefing and oral arguments before either the Massachusetts Appeals Court, or the Supreme Judicial Court.
Notably, the appellate court usually will only consider what is already part of the record in the lower court.
What is a motion for new trial
A motion for new trial is a request made to the same court that held a trial, and usually the same judge, asking them to vacate the result of a trial, and give you a new trial. This is allowed in various circumstances under the rules of procedure in Massachusetts.
In the criminal context, for example, a motion for new trial can be granted by the judge who heard the trial, “if it appears that justice may not have been done.” Contrary to a direct appeal, filing this kind of motion for new trial can allow the parties to submit additional evidence outside of what was in the trial record.
Ultimately, it is most important to know that even after a trial or other court ruling does not go in your favor, you may still have rights to challenge what occurred. The first step should always be to contact an attorney with appellate experience.
