(1) MOTION. A party may move to set aside a verdict and for a new trial because of errors in the trial, or because the verdict is contrary to law or to the weight of evidence, or because of excessive or inadequate damages, or because of newly-discovered evidence, or in the interest of justice. Motions under this subsection may be heard as prescribed in s. 807.13. Orders granting a new trial on grounds other than in the interest of justice, need not include a finding that granting a new trial is also in the interest of justice.
805.15.New trials.
Ch. 805: Trials · Last amended 2001 · Last verified July 15, 2026
In one sentenceSection 805.15 lets a party move for a new trial on grounds including trial error, a verdict against the weight of the evidence, excessive or inadequate damages, newly discovered evidence, or the interest of justice.
Full Text of Section 805.15
(2) ORDER. Every order granting a new trial shall specify the grounds therefor. No order granting a new trial shall be valid or effective unless the reasons that prompted the court to make such order are set forth on the record, or in the order or in a written decision. In such order, the court may grant, deny or defer the awarding of costs.
(3) Except as provided in ss. 974.07 (10) (b) and 980.101 (2) (b), a new trial shall be ordered on the grounds of newly-discovered evidence if the court finds that:
(a) The evidence has come to the moving party’s notice after trial; and
(b) The moving party’s failure to discover the evidence earlier did not arise from lack of diligence in seeking to discover it; and
(c) The evidence is material and not cumulative; and
(d) The new evidence would probably change the result.
(4) ALTERNATE MOTIONS; CONDITIONAL ORDER. If the court grants a motion for judgment notwithstanding the verdict, or a motion to change answer and render judgment in accordance with the answer so changed, or a renewed motion for directed verdict, the court shall also rule on the motion for new trial, if any, by determining whether it should be granted if the judgment is thereafter vacated or reversed, and shall specify the grounds for granting or denying the motion for new trial. If the motion for a new trial is thus conditionally granted and the judgment has been reversed on appeal, the new trial shall proceed unless the appellate court shall have otherwise ordered. In case the motion for a new trial has been conditionally denied, the appellee may assert error in that denial; and if the judgment is reversed on appeal, subsequent proceedings shall be in accordance with the order of the appellate court.
(5) APPEAL. If the court denies a motion for judgment notwithstanding the verdict, or a motion to change answer and render judgment in accordance with the answer so changed, or a renewed motion for directed verdict, the party who prevailed on that motion may, as appellee, assert for the first time, grounds which entitle the party to a new trial in the event the appellate court concludes that the trial court erred in denying the motion for judgment notwithstanding the verdict or motion to change answer and render judgment in accordance with the answer so changed, or a renewed motion for directed verdict. If the appellate court re- verses the judgment, nothing in this section precludes it from determining that the appellee is entitled to a new trial, or from directing the trial court to determine whether a new trial shall be granted.
(6) EXCESSIVE OR INADEQUATE VERDICTS. If a trial court determines that a verdict is excessive or inadequate, not due to perversity or prejudice or as a result of error during trial (other than an error as to damages), the court shall determine the amount which as a matter of law is reasonable, and shall order a new trial on the issue of damages, unless within 10 days the party to whom the option is offered elects to accept judgment in the changed amount. If the option is not accepted, the time period for petitioning the court of appeals for leave to appeal the order for a new trial under ss. 808.03 (2) and 809.50 commences on the last day of the option period.
Official Notes
Judicial Council Note, 1983: Sub. (6) is amended to codify the holding of Wick v. Mueller, 105 Wis. 2d 191, 313 N.W.2d 749 (1982) that orders for new trials under this subsection are not appealable as of right and that the time period for seeking leave to appeal under ss. 808.03 (2) and 809.50, stats., is computed from the last day of the option period set forth in the trial court’s order. [Bill 151-S]
Judicial Council Note, 1988: Sub. (1) is amended to allow motions for new trial to be heard by telephone conference. [Re Order effective Jan. 1, 1988]
Plain-English Summary
Section 805.15(1) lists the grounds for a new trial motion broadly: errors in the trial, a verdict contrary to law or to the weight of the evidence, excessive or inadequate damages, newly discovered evidence, or the interest of justice. An order granting a new trial on grounds other than the interest of justice does not also need to find that a new trial is in the interest of justice. Section 805.15(2) requires every order granting a new trial to specify the grounds, and the order is not valid unless the reasons are set out on the record, in the order, or in a written decision.
Newly discovered evidence gets its own four-part test under Section 805.15(3): the evidence must have come to the moving party’s notice after trial, the failure to discover it earlier must not have come from a lack of diligence, the evidence must be material and not cumulative, and it must probably change the result. Sections 805.15(4) and (5) coordinate a new trial motion with a motion for judgment notwithstanding the verdict, a motion to change an answer, or a renewed directed verdict motion: if the court grants one of those, it also has to conditionally rule on any new trial motion, and if the court denies one, the party who prevailed on it can raise new trial grounds for the first time on appeal if the appellate court concludes the trial court erred.
Section 805.15(6) addresses damages the court finds excessive or inadequate for reasons other than perversity, prejudice, or an error at trial: the court determines the reasonable amount as a matter of law and orders a new trial on damages, unless the party given the option accepts judgment at the changed amount within 10 days. If that option is not accepted, the deadline for seeking leave to appeal the new trial order runs from the last day of that option period.
Frequently Asked Questions
On what grounds can I move for a new trial in a Wisconsin civil case?
Errors in the trial, a verdict contrary to law or the weight of the evidence, excessive or inadequate damages, newly discovered evidence, or the interest of justice.
What must I show to get a new trial based on newly discovered evidence?
Section 805.15(3) requires the evidence to have come to your notice after trial, that your failure to discover it earlier did not come from a lack of diligence, that the evidence is material and not cumulative, and that it would probably change the result.
What happens if the court thinks the jury’s damages award is too high or too low?
Under Section 805.15(6), if the excess or inadequacy is not from perversity, prejudice, or trial error, the court determines the reasonable amount as a matter of law and orders a new trial on damages, unless the party given the option accepts judgment in the changed amount within 10 days.
Does an order granting a new trial have to explain why?
Yes. Section 805.15(2) requires every such order to specify the grounds, and it is not valid unless the reasons are set forth on the record, in the order, or in a written decision.
If the court conditionally denies my new trial motion and I win on appeal anyway, can I still get a new trial?
Section 805.15(5) lets you, as the prevailing appellee, assert grounds entitling you to a new trial for the first time on appeal, if the appellate court concludes the trial court erred in denying the related motion for judgment notwithstanding the verdict or to change an answer.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 708 (1975); 1975 c. 218; 1979 c. 110; 1983 a. 219; Sup. Ct. Order, 141 Wis. 2d xiii (1987); 2001 a. 16.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: new trial motion wisconsinnewly discovered evidence new trial wisconsinexcessive damages new trial wisconsininterest of justice new trial wisconsin