What is required for a new trial to be granted?
As the general premise is that a judgment or a decision that is legally binding cannot be appealed, the granting of a new trial requires something very special. One example is important new circumstances or previously unknown evidence coming to light after a decision in a case has been given. Thus, for an application for a new trial to be granted, it must, as a rule, be shown that the outcome of the case would have been different if the new details had been known to the court when reaching the initial decision. Normally, there also has to be a valid reason for the new details not having been presented in the course of the normal processing of the case. However, where an application in a criminal case is made by or for the sentenced party, a valid reason is not required. Chapter 58 of the Code of Judicial Procedure sets out further exceptional cases for granting a new trial.
The Supreme Court grants only an extremely small percentage of all new trial applications it receives.
If you are applying for a new trial
In most new trial situations, the court can only try an application if it is submitted in time.
An application for a new trial in respect of a court of appeal ruling is to be sent to the Supreme Court. An application for a new trial in respect of a district court ruling is to be sent to the court of appeal. It is vital that the application states the ruling to which it relates (court and case reference) and the reasons for requesting the new trial.
The Code of Judicial Procedure (Chapter 58, Sections 1-10 a) sets out the rules on applicable deadlines and the exceptional cases for granting a new trial.
You can use the form below to apply for a new trial. The application must be signed and the original form submitted.