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Minnesota Criminal Law

Motion for a New Trial in Minnesota


At a Glance
  • To:the trial judge.
  • Grounds:error, misconduct, new evidence.
  • Deadline:short and specific.
  • Vs:appeal and postconviction.

A motion for a new trial asks the trial court itself — not an appellate court — to set aside the result and start over, based on errors or problems that affected the fairness of the trial. It's made to the judge who presided, on specific grounds and within a tight deadline, and it's distinct from both an appeal and a postconviction petition. Used well, it can correct a serious problem without the delay of an appeal. Here's how it works.

What a Motion for a New Trial Is

After a verdict, a defendant can ask the trial court to order a new trial. Unlike an appeal — which goes to a higher court and reviews the record for legal error — a new-trial motion is directed to the same trial judge, asking that judge to recognize a problem that affected the fairness or integrity of the trial and to order it redone.

What this means for you: This is a trial-court remedy. It gives the judge who saw the case a chance to fix a serious problem directly, which can be faster than waiting for an appeal.

Common Grounds

A new trial may be sought on grounds such as:

  • Errors of law at trial that affected the outcome;
  • Irregularities in the proceedings or misconduct (including juror or prosecutorial misconduct);
  • Improper evidentiary rulings or erroneous jury instructions;
  • A verdict not justified by the evidence or contrary to law;
  • Newly discovered evidence that could not have been found earlier with due diligence.

The Deadline Is Tight

A motion for a new trial must be brought within a short, specific time after the verdict or finding. Missing that window generally forecloses the motion, pushing the issues to appeal or postconviction instead. Because the deadline is short, this is a remedy that requires prompt action.

What this means for you: If there's a basis for a new trial, time is critical. The window closes quickly, so the decision has to be made and acted on soon after the verdict.

How It Differs From an Appeal and Postconviction

  • vs. Appeal: An appeal goes to a higher court to review for legal error; a new-trial motion asks the trial judge to fix the problem directly. They can be related — issues raised in a new-trial motion are often preserved for appeal — but they're different procedures.
  • vs. Postconviction: Postconviction relief generally comes later and addresses issues like constitutional violations or newly discovered evidence after the direct-appeal stage. A new-trial motion is an earlier, trial-court step on a tight deadline.

What this means for you: These remedies fit different moments. A new-trial motion is the immediate post-verdict tool; appeal and postconviction come later and serve different functions.

Newly Discovered Evidence

One important ground deserves special note: newly discovered evidence. When genuinely new evidence emerges that couldn't have been found earlier and could have changed the outcome, it can support a new-trial motion — and, later, postconviction relief. The requirements for newly-discovered-evidence claims are specific and demanding.

How It Connects to Other Remedies

A motion for a new trial sits between the trial and the appeals process, relates to postconviction relief, and overlaps with newly discovered evidence as a ground. It's part of the toolkit for challenging a result after a verdict.

Updated May 18, 2026 · Law verified as of June 17, 2026. This article is general information about Minnesota law, not legal advice.

Frequently Asked Questions

What is a motion for a new trial?

A request to the trial court to set aside the result and order a new trial, based on errors or problems that affected the fairness of the trial. It goes to the trial judge, not an appellate court.

What are the grounds?

Legal errors affecting the outcome, irregularities or misconduct, improper evidentiary rulings or jury instructions, a verdict not justified by the evidence, or newly discovered evidence. The specific grounds are set by the Rules of Criminal Procedure.

How is it different from an appeal?

An appeal goes to a higher court to review for legal error; a new-trial motion asks the trial judge to fix the problem directly. They're related but separate, and issues raised can be preserved for appeal.

Is there a deadline?

Yes, and it's short. A new-trial motion must be brought within a specific window after the verdict. Missing it generally pushes the issues to appeal or postconviction instead.

Can new evidence support a new trial?

Yes. Genuinely newly discovered evidence that couldn't have been found earlier and could have changed the outcome can support a new-trial motion, subject to specific and demanding requirements.

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The information on this article is for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship.

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