Response to Plaintiff's Motion for Additur or New Trial
Definition and meaning
The Response to Plaintiff's Motion for Additur or New Trial is a legal document submitted by the defendant in response to the plaintiff’s request for the court to either increase the damages awarded by the jury or to grant a new trial. This document is a crucial part of the legal process, helping to ensure that the jury's decision is respected unless there are compelling reasons to modify it.
How to complete a form
Completing the Response to Plaintiff's Motion for Additur or New Trial involves specific steps that must be followed carefully:
- Header Information: Include the court name, county, and state at the top of the document.
- Case Details: Populate the case number and identify the parties involved.
- Body of the Response: Clearly state your arguments against the plaintiff's motion, addressing each claim made.
- Conclusion: Request that the court deny the plaintiff's motion and affirm the jury's decision.
- Signature Line: Provide the name, title, address, and contact information of the respondent's attorney, signed and dated.
Legal use and context
This response is typically used in civil litigation cases where a jury has rendered a verdict, and the plaintiff believes that the award is inadequate or unjust. The legal context is important, as the response hinges on specific statutory requirements, including demonstrating that any jury bias or errors were absent and that the jury’s decision aligns with the evidential weight presented at trial.
Key components of the form
The main components of the Response to Plaintiff's Motion for Additur or New Trial include:
- Introduction: Identification of the responding party and acknowledgment of the motion.
- Addressing Claims: A detailed account countering the plaintiff’s arguments regarding jury bias or the inadequacy of the awarded damages.
- Conclusion: A formal request to deny the motion and affirm the jury's verdict.
Common mistakes to avoid when using this form
When completing the Response to Plaintiff's Motion for Additur or New Trial, avoid the following common errors:
- Incomplete Information: Ensure all necessary information is filled in accurately.
- Ineffective Arguments: Failing to provide strong, evidence-based reasoning can weaken the response.
- Not Following Court Rules: Adhere to specific local court rules regarding timing and formatting.
Form popularity
FAQ
A "motion" is simply a formal request to a court that it do something or decide an issue in favor of the party that asks for it. "Granted" means the court agreed with the request, and did or decided in favor of the requester.
An additur (Latin: "it is added to") is a legal term referring to the practice of a trial judge adding damages additional to the original amount awarded by the jury. It is not allowed in U.S. federal courts, as held by Dimick vs. Schiedt, 293 U.S. 474 (1935).
Motion to Dismiss an attempt to get the judge to dismiss a charge or the case. Motion to Suppress an attempt to keep certain statements or evidence from being introduced as evidence. Motion for Change of Venue may be made for various reasons including pre-trial publicity.
At a motion hearing, each party can argue its position and the judge can ask specific questions about the fact or law. After hearing the judge decides the motion and this is called an order. However, during a trial or a hearing, an oral motion may also be permitted.
After you complete your motion, you must file it with the court.You must then serve (mail) a copy of your filed motion (including all exhibits and the date, time, and place of hearing) to all other parties in the case. If a party is represented by an attorney, mail the motion directly to the attorney's office.
In effect, in both kinds of cases, the lawyer asks the judge to direct a verdict for the defendant. The judge will either grant or deny the motion. If it is granted, the case is over and the defendant wins. If the motion is denied, as it usually is, the defense is given the opportunity to present its evidence.
When a trial has concluded and a verdict has been rendered by a judge or jury, the judgment must be formalized in writing by the court. Once the judgment has been rendered, either party may file what is called a post trial motion, or motion which is filed after the trial is over.
A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony.
What Happens at a Trial Setting Conference? The judge will ask questions about the case to ascertain whether it is ready for trial and how long the trial is likely to take. If the case is indeed ready to proceed to trial, the court will set a Mandatory Settlement Conference (or MSC) as well as a trial date.