Civil Procedure Multistate Bar Practice Exam

What must a Motion for New Trial be filed within?

1. 30 days of the judgment

2. 28 days of the judgment

3. 14 days of the judgment

4. One year of the judgment

The correct answer is: 28 days of the judgment

A Motion for New Trial must be filed within 28 days of the judgment according to the Federal Rules of Civil Procedure. This timeframe is clearly established to provide a specific period during which a party may seek to remedy perceived errors that occurred during the trial. Understanding the timing is critical in the context of civil procedure, as deadlines are strictly adhered to in order to promote judicial efficiency and finality in the resolution of cases. A party missing this 28-day window would lose the ability to seek a new trial based on the grounds that would typically merit such a motion, thereby reinforcing the importance of adhering to specified time limits in litigation practice. The other choices do not reflect the accurate timeframe stipulated by the rules. For example, the 30-day mark is a common misconception in certain jurisdictions, but it does not align with the federal guideline. Similarly, while 14 days and one year might represent deadlines relevant for different types of post-judgment motions or appeals, they do not pertain to the timeframe for filing a Motion for New Trial. Understanding these nuances helps clarify procedural requirements and aid in effective legal practice.