Typically, a motion for new trial must be filed within 30 days of the judgment being rendered in your case. You will want to file a motion for new trial if you are seeking to overturn the trial court’s judgment. A motion for new trial also points out defects or errors in the judgment. It helps to make sure that that these defects and errors can be presented on appeal. There are times when an appeals court cannot rule on a complaint that was not first presented to the trial judge. The appeals courts call this waiver. So, a motion for new trial is a good to file to get these issues before the appeals court before the case heads there.
A motion for new trial may be a good idea to change a bad ruling. It gives the trial judge an opportunity to change things, and even if the trial judge does not, it gives the appeals court an opportunity to hear the complaints that were made in the motion for new trial. The motion for new trial helps to preserve issues for appeal by bringing them up in the trial court and keeping them in the trial records for presentation to the appeals court.
If you feel as if a judge did not make a proper ruling in your case, time is of the essence! You should hire an appellate attorney who is Board Certified by the Texas Board of Legal Specialization, such as Leslie A. Werner. Leslie is currently accepting new appeal cases in any county in Texas and can be reached by text seven days a week at 361-648-6888.