Delaware Motion for Reconsideration - Personal Injury

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US-PI-0222
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This form is a motion for reconsideration filed by the plaintiff in a personal injury action requesting the court to amend its prior judgment and include in its award pre-judgment interest.

A Delaware Motion for Reconsideration in Personal Injury cases refers to a legal action taken by either party involved in a personal injury lawsuit to request the court to review and reconsider its decision or ruling on a particular matter. This motion is typically filed after a final judgment or order has been issued by the court. A Motion for Reconsideration allows the party seeking it to highlight errors or misinterpretations made by the court, or present new evidence or legal arguments that were not previously considered. It is important to note that this motion is not an opportunity to present an entirely new case but to address specific issues related to the court's initial decision. In Delaware, there are various types of Motions for Reconsideration in Personal Injury cases. Some common types include: 1. Motion for Reconsideration of Judgment: This type of motion is filed when a party believes that the court's final judgment was erroneous or based on incorrect evidence, law, or interpretation. 2. Motion for Reconsideration of Damages: This motion is filed when a party seeks to revise the awarded damages in a personal injury case. It can be due to the belief that the amount awarded is inadequate or excessive based on the evidence and circumstances presented. 3. Motion for Reconsideration of Liability: This motion is brought forward when a party believes that the court's ruling regarding liability, i.e., who is responsible for the injury, was incorrect or based on faulty reasoning. 4. Motion for Reconsideration of Expert Testimony: In a personal injury case where expert witnesses play a crucial role, this motion is filed when a party challenges the admissibility or reliability of an expert's testimony presented during the trial. 5. Motion for Reconsideration of Pretrial Decisions: This type of motion is filed to challenge pretrial decisions made by the court, such as the exclusion or inclusion of specific evidence, testimony, or witnesses, which could impact the outcome of the personal injury case. It's important to consult with a skilled Delaware personal injury attorney before filing a Motion for Reconsideration to evaluate the validity of the grounds and ensure compliance with the necessary procedural requirements. Courts generally grant such motions in limited circumstances, making it crucial to present strong arguments supported by legal authority and evidence.

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No later than 28 days after the entry of judgment, the court, on its own, may order a new trial for any reason that would justify granting one on a party's motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion.

When the liability of one party to another has been determined by verdict or order or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which shall have the same effect as an offer made before trial if it is ...

Rule 59 - New Trials and Rearguments (a) Grounds. A new trial may be granted to all or any of the parties and on all or part of the issues in an action in which there has been a trial for any of the reasons for which new trials have heretofore been granted in this Court.

Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein.

Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the Court any time of its own initiative, or on motion of any party and after such notice, if any, as the Court orders.

Rule 59 - New Trials (a) Grounds. A new trial may be granted to all or any of the parties, and on all or part of the issues for any of the reasons for which rehearings have heretofore been granted in suits in equity.

Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on the requestor's behalf, to inspect and copy, any designated documents (including writings, drawings, graphs, charts, photographs, phono-records, and other data compilations from which ...

An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless the party states that the party has made reasonable inquiry and that the information known or readily obtainable by the party is insufficient to enable the party to admit or deny.

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Rule 3. Commencement of action. (a) Complaint and praecipe. -- Except amicable actions, an action is commenced by filing with the Prothonotary. Rule 3. Commencement of action. (a) Complaint and praecipe. Except amicable actions, an action is commenced by filing with the Clerk of.There are three types of motions that a defendant may file before filing an answer in the Delaware courts: • Motions to dismiss (see Motion to Dismiss). • ... Mar 14, 2023 — the decision to grant a motion for reconsideration is within the discretion of the district court, see ... intends to file a motion for a. (5) The Court on its own motion, on motion by any party, or on application by a non-party, may order the custodian to file the original of any discovery ... Jun 2, 2021 — A motion to reargue in the Delaware Court of Chancery “may be served and filed within 5 days after the filing of the Court's opinion or the ... Jan 8, 2020 — The purpose of a motion for reconsideration is to "correct manifest errors of law or fact or to present newly discovered evidence." Max's ... If you seek RECONSIDERATION by this Board (that is, if you want the Board to reconsider its decision), you must submit to the Board a written Motion for ... You can file an appeal of the PFA to the Superior Court. 1. Motion for Reconsideration. You can file a Motion for Reconsideration within ten days of the order. Jan 21, 2020 — The purpose of a motion for reconsideration is to “correct manifest errors of law or fact or to present newly dis- covered evidence.”27 A ...

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Delaware Motion for Reconsideration - Personal Injury