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{STYLE OF CASE-FORM1B:2}

{PARTY}S MOTION FOR NEW TRIAL

{Party} asks the court to grant a new trial in the interest of justice and fairness. { See OConnors Texas

Rules, MNT After Nonjury Trial, ch. 10-B, 10, p. 648.}

A.

Introduction

1.

Plaintiff is {name}; defendant is {name}.

2.

Plaintiff sued defendant for {state basis of suit}.

B.

Facts

3.

After a trial to the court, the court signed a judgment for{ advise party} on {date}.

4.

{State other facts relevant to the motion.}

5.

{Party} attaches affidavits to this motion to establish facts not apparent from the record and

incorporates them by reference.

C.

Challenge the Findings and Conclusions

6.

The court should grant a new trial because it erred in making the following rulings.

{CHOOSE APPROPIATE PARAGRAPHS 7-13}

7.

The court erred when it refused to file findings of fact and conclusions of law because

{party} cannot ascertain the facts and grounds for {recovery/defense} on which the court

based its judgment. When a party timely requests findings of fact and conclusions of law,

and the court does not file them, on appeal the failure is presumed harmful unless the

record affirmatively shows{party} suffered no injury. Tenery v. Tenery, 932 S.W.2d 29, 30

(Tex. 1996). In this case, {party} can show injury because {explain}. { se OConnors Texas

Rules, When findings requested but not filed, ch. 10-E, 6.2.7, p.673.}

{To challenge findings on which movant had burden of proof}

8.

The court erred when it found {state the finding} because that finding is against the great

weight and preponderance of the evidence and is manifestly unjust. {Elaborate.} {See

OConnors Texas Rules, Standard challenges, ch. 10-B, 9.1.4.p. 648.}

9.

The court erred when it found {state the finding} because the evidence proves conclusively,

as a matter of law, that {state what the evidence proves}.{Elaborate.} {See OConnors Texas

Rules, Standard challenges, ch. 10-B, 9.1.4.p. 648.}

{To challenge findings on which movant did not have burden of proof}

10.

The court erred when it found {state the finding} because the evidence is insufficient to

support the finding.{Elaborate.} {See OConnors Texas Rules, Standard challenges, ch. 10-

B, 9.1.4.p. 648.}

11.

The court erred when it found {state the finding} because there is no evidence to support

the finding.{Elaborate.} {See OConnors Texas Rules, Standard challenges, ch. 10-B,

9.1.4.p. 648.}

{To challenge implicit findings}

12.

Even though the court did not make an express finding, the court erred when it implicitly

found {identify implicit findings} because there is no evidence or, in the alternative,

insufficient evidence to support that finding on the issue of {identify issue}. {Elaborate.}

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{To challenge conclusions of law}

13.

The court erred when it concluded {state specific legal conclusion}. {Elaborate, starting

specific error.}

D.

Other Grounds

14.

{State other appropriate grounds. See FORM 10B:1, G-N, for various challenges that can be

asserted.}

E.

Conclusion

15.

{Briefly summarize the motion.}

F.

Prayer

16.

For these reasons, and in the interest of justice and fairness {party} asks the court to grant a

new trial.