(NewsNation) — Alex Murdaugh, who was convicted of killing his wife and son, was in court Tuesday, wherein a judge set parameters for an- upcoming hearing later this month on whether to grant Murdaugh a new trial.

Murdaugh filed a motion for the new trial back in October. His lawyers want another trial in the killings of the former lawyer’s wife and younger son, citing allegations that the court clerk improperly influenced the jury.

During the pre-trial hearing, the defense put forth evidence as to why there needs to be an evidentiary hearing while the state tried to argue that a motion for a new trial needed to be filed 10 days before a verdict. The state also argued that the defense knew of the allegations against the court clerk before that deadline.

Former South Carolina Supreme Court Chief Justice Jean Toal said during the pre-trial hearing that there needs to be evidence based on fact, not presumption, which is hard in a case like this.

Toal was appointed to take over the case from Judge Clifton Newman after he recused himself from the case.

Now, Toal must decide whether to run back a murder trial that lasted six weeks, involved over 70 witnesses and included about 800 exhibits. The state’s highest court appointed Toal to oversee the weighty matter of a new trial.

Each side laid out a list of witnesses who should testify during the trial. The defense recommended each juror should testify and also, most importantly, Colleton County Clerk of Court Becky Hill.

Toal agreed that it would be imperative for Hill to testify, considering the whole appeal is centered around accusations against her. She said they would only hear testimony from the jurors who heard the case throughout.

Central to the appeal are accusations that Hill tampered with the jury. Murdaugh’s lawyers said in a September filing the elected official asked jurors whether Murdaugh was guilty or innocent, told them not to believe Murdaugh’s testimony and pressured jurors to reach a guilty verdict for her own profit.

Hill is also said to have flown to New York City to be with three jurors during their post-trial television interviews and allegedly shared journalists’ business cards with jurors during the proceedings.

She has denied the allegations in a sworn statement, saying she neither asked jurors about Murdaugh’s guilt before deliberations nor suggested to them that he committed the murders.

Toal will decide issues Tuesday like whether jurors can testify behind closed doors to protect their privacy. Jurors, the clerk and even Newman might have to testify under oath.

The defense will get to put forth evidence at a three-day hearing expected to begin Jan. 29, according to a tentative schedule shared by a media liaison for Toal.

Murdaugh is serving life in prison without parole after he was found guilty last March of killing his wife, Maggie, and younger son, Paul, in June 2021. He was sentenced in November for stealing about $12 million to an additional 27 years behind bars under a plea deal that resolved scores of state crimes related to money laundering, breach of trust and financial fraud.

The Associated Press contributed to this report.