Massachusetts Sample Letter for Motion for Additur or New Trial and Prejudgment Interest
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How to fill out Sample Letter For Motion For Additur Or New Trial And Prejudgment Interest?
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FAQ
Rule 30 of the Massachusetts Rules of Criminal Procedure, provides for Postconviction Relief, as it allows a defendant who has made an admission to sufficient facts, pleaded guilty, or been found guilty to file a motion for a new trial, vacating the conviction.
In ance with Local Rule 7.1, a party opposing a motion, must file an opposition to the motion within 14 days after service of the motion, unless another period is fixed by rule or statute, or by order of the court.
Motion for a New Trial ? The court can vacate the judgment and allow for a new trial. This is rarely granted, but may be done ?if the interest of justice so requires.? Motion for Judgment of Acquittal ? Court may set aside the jury's verdict and allow the defendant to go free.
A motion to the court must include the legal authority that supports the motion request. The moving party must explain how and why the law, case law, and/or court rule supports the request.
The judge on motion of a defendant or on his own motion shall enter a finding of not guilty of the offense charged in an indictment or complaint or any part thereof after the evidence on either side is closed if the evidence is insufficient as a matter of law to sustain a conviction on the charge.
If you cannot meet a deadline or a date on which you have to make an appearance, you must ask for a postponement, which is called a ?continuance,? with a motion. If you miss a deadline, your case can be dismissed. DALA continuances will be granted only for good cause.
On a motion for a new trial, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.
A Motion for Reconsideration shall be based on (1) newly discovered evidence that could not be discovered through the exercise of due diligence before the original motion was filed; (2) a change of relevant law; or (3) a particular and demonstrable error in the original ruling or decision.
