Title: Missouri Response to Plaintiff's Motion for Auditor or New Trial: Explained Introduction: The judicial process involves several stages, including the post-trial phase where parties may file various motions. This article explores the Missouri response to a plaintiff's motion for auditor or new trial. We will delve into the purpose of this response, the standard of review, and potential outcomes. Additionally, we will briefly touch upon different types of Missouri responses to plaintiff's motion for auditor or new trial. I. Understanding the Response to Plaintiff's Motion for Auditor or New Trial: 1. Purpose: The Missouri response to plaintiff's motion for auditor or new trial is filed by the defendant in response to the plaintiff's request for an increase in damages (auditor) or a new trial. It allows the defendant to present arguments against the plaintiff's motion and defend against any unjust or excessive judgments. 2. Restricted Scope: The response should focus solely on the plaintiff's motion for auditor or new trial. It should not be used to introduce new evidence or raise additional claims unrelated to the plaintiff's motion. II. Standards of Review: 1. Auditor: a. Inadequate Damages: The response may argue against auditor if the awarded damages are reasonable or not "so inadequate as to indicate passion, prejudice, or disregard of the evidence." b. Jurisdictional Limitations: If the award exceeds jurisdictional limits, the response can argue that auditor is inappropriate. 2. New Trial: a. Errors of Law: The response can address alleged errors of law during the trial that may have affected the verdict's validity. b. Incorrect Jury Instructions: If the jury instructions were wrongly given or omitted important elements, the response may argue for a new trial. III. Potential Outcomes: 1. Denied Motion: a. Upheld Verdict: If the court finds the plaintiff's motion insufficient, the original judgment stands, and no changes are made to the damages awarded. b. Remitting: Instead of auditor, the court may offer the plaintiff remitting, reducing the damages to a fairer amount, which the plaintiff can accept or reject. 2. Granted Motion: a. Auditor: If the motion is granted, the court may increase the damages awarded to the plaintiff, ensuring appropriate compensation. b. New Trial: The court may order a new trial based on procedural errors or other significant issues identified. IV. Types of Missouri Responses to Plaintiff's Motion for Auditor or New Trial: 1. Response to Plaintiff's Motion for Auditor: a. Defendant's Opposition to Plaintiff's Motion for Auditor: Filed when the defendant opposes the plaintiff's request for an increase in damages. b. Defendant's Revised Proposed Auditor: If the court indicates a willingness to grant auditor, this response presents an alternative proposed auditor amount from the defendant's perspective. 2. Response to Plaintiff's Motion for New Trial: a. Defendant's Opposition to Plaintiff's Motion for New Trial: Filed when the defendant opposes the plaintiff's request for a new trial. b. Defendant's Revised Proposed New Trial Grounds: If the court indicates a willingness to grant a new trial, this response presents alternative grounds from the defendant to justify a new trial. Conclusion: Crafting a compelling Missouri response to a plaintiff's motion for auditor or new trial requires a thorough understanding of the purpose, standards of review, and potential outcomes. By strategically presenting arguments, defendants can effectively challenge the plaintiff's motion and protect their interests throughout the post-trial process. Familiarity with the different types of responses allows defendants to tailor their approach based on the specific circumstances at hand.
Missouri Response to Plaintiff's Motion for Additur or New Trial
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Ideally, a judge only grants a motion of remittitur when they believe the amount of a jury award to be so excessive as to be a gross miscarriage of justice. Unlike additur, which is allowed only in state courts where the 7th amendment doesn't apply, a motion for remittitur is allowed in federal court cases.
The relief of ?additur? is not available in federal courts and many states. In a federal court, for instance, if the judge considers the jury award to be inadequate, he/she could order a new trial. But, a federal judge cannot increase the jury award of damages ? with or without defendant's consent.
A court may order an additur if the jury's verdict manifestly awarded too little compensation. What kind of evidence must be used to support a motion for summary judgment? 43. A summary judgment must be supported by evidence in documentary form, and the evidence must be of a type that would be received at trial.
10 There, on similar facts, the United States Supreme Court held that a federal district court did not have the power to issue an additur order. Additur was viewed as an abridgment of the right to a jury trial as guaranteed by the United States Constitution."
78.10 ADDITUR AND REMITTITUR (a) Any party requesting additur or remittitur shall file a motion for such relief within the time prescribed by Rule 78.04 for filing a motion for new trial.
A procedure by which a court increases the amount of damages awarded by the jury (compare to remittitur). A party may move for additur, or the court may sua sponte order additur, if the jury awards an inadequate amount of damages.
Noun. Note: The Supreme Court held in Dimick v. Schiedt, 293 U.S. 474 (1935) that additur violates the Seventh Amendment and so is not permissible in federal courts.
Additur also refers to the ability of the trial court to increase the total amount of the damages that have been awarded if they are deemed to be inadequate. However, an increase in the total amount of damages awarded to a plaintiff will only be made as a condition of a denial of a new trial.