§59.8 Strategic and Practical Considerations

• Jurisdiction: Washington

§59.8 STRATEGIC AND PRACTICAL CONSIDERATIONS

Trial is an emotionally stressful experience. Unfortunately, because a motion for new trial or reconsideration must be filed within 10 days after the entry of the adverse judgment, order, or decision, these motions tend to be a product of depression, anger, and fatigue. It is easy to fail to give these motions the detailed attention and objectivity they deserve. Before you consider your post-judgment options, try to put the case in perspective.

(1)What motion to file

Consider filing a motion under CR 50 in addition to, or instead of, the motion for new trial. If the gist of your motion is that the evidence in your favor was overwhelming and uncontroverted, that you were entitled to judgment as a matter of law, or that the opposing party failed to prove an element of his or her claim or defense, then a motion under CR 50(b) is probably the best approach.

(2)Preservation of error

Although many considerations enter into the decision whether to move for a new trial or reconsideration, several fundamental questions relating to the proper preservation of error must be considered. First, as to error that must be raised during trial, have you adequately preserved your objections? If you have not, moving for new trial or appealing on those grounds will almost certainly be futile. Second, do you intend to raise errors on appeal that have not yet...