A motion for appropriate relief is a formal request made to a court seeking a remedy based on newly discovered evidence or other valid grounds after a trial has concluded. This motion allows parties to seek a new trial or alternative relief if they believe that significant errors occurred during the original proceedings or if new evidence has come to light that could affect the outcome of the case.
This term is primarily used in criminal law and civil law contexts. It serves as a mechanism for parties to address potential injustices that may have arisen during a trial. Users may find that they can manage the filing of such motions using legal templates available through services like US Legal Forms, which offer resources drafted by attorneys.
Here are a couple of examples of abatement:
(Hypothetical example) A defendant in a criminal case discovers new evidence that could exonerate them after their conviction. They file a motion for appropriate relief to request a new trial based on this evidence.
(Hypothetical example) A plaintiff realizes that key evidence was not presented during their civil trial. They file a motion for appropriate relief to seek a retrial or other remedies based on this oversight.
In Maryland, the relevant statute is Maryland Rule 4-331, which governs motions for new trials based on newly discovered evidence. In North Carolina, the applicable statute is N.C. Gen. Stat. § 15A-1420, which outlines the procedures for filing a motion for appropriate relief.
| State | Key Differences |
|---|---|
| Maryland | Allows motions based on newly discovered evidence with specific procedural rules. |
| North Carolina | Requires motions to be filed within a specific time frame, with options for oral motions under certain conditions. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Motion for New Trial | A specific type of motion requesting a new trial based on errors or new evidence. |
| Post-Conviction Relief | A broader category that includes various forms of relief after a conviction, including motions for appropriate relief. |
If you believe you have grounds for a motion for appropriate relief, consider the following steps:
For complex matters, seeking professional legal help is strongly recommended.
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It is a request to a court for a remedy based on new evidence or procedural errors after a trial.