New Trial

You prosecute/defend a case by seeing it through the motion to dismiss stage, discovery phase, summary judgment and then all the way through trial. You may be concerned or focused on an appeal, but under certain circumstances a new trial may be possible. A trial court can grant a new trial upon showing that there was a (1) trial error or (2) misconduct of the prevailing party that incited prejudice in the jury. Kansas City v. Keene Corp., 855 S.W.2d 360, 372 (Mo. 1993). The trial court has broad discretion when deciding whether to grant a new trial. Koppe v. Campbell, 318 S.W.3d 233, 240 (Mo. Ct. App. 2010). This discretion, however, only extents to fact questions, not questions of law. Id. Oddly enough, the trial court’s decision to grant a new trial is itself an appealable judgment. On appeal from an order granting a new trial, the appellant must show that the trial court erred in sustaining the motion upon the ground specified. Anderson v. Osmon, 217 S.W.3d 375, 378 (Mo. Ct. App. 2007).
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