This form is a sample order denying the plaintiff's motion for additur or new trial.
Missouri Order Denying Motion for New Trial
State:
Multi-State
Control #:
US-PI-0063
Format:
Word;
Rich Text
Instant download
Description
How to fill out Order Denying Motion For New Trial?
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FAQ
78.02. Only one new trial shall be allowed on the ground that the verdict is against the weight of the evidence.
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.
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.
If the opposing party rejects the offer, and then subsequently fails ?to obtain a judgment more favorable than that offered, that party shall not recover costs [?] from the time of the offer but shall pay costs from that time.? Rule 77.04 not only serves as a mechanism to encourage settlement, but also as a strategic ...
78.04. Any motion for new trial and any motion to amend the judgment or opinion shall be filed not later than thirty days after the entry of judgment. Any motion for judgment notwithstanding the verdict shall be filed within the time provided in Rule 72.01.
Rule 78.01 states in pertinent part as follows: The court may grant a new trial of any issue upon good cause shown. A new trial may be granted to all or any of the parties and on all or part of the issues after trial by jury, court or master.
Rule 75.01 limits the Court's control over a judgment to 30 days after the judgment is entered, absent filing of an authorized after-trial motion.
Grounds. A Rule 12(b) motion can be based on: (1) lack of subject matter jurisdiction; (2) lack of personal jurisdiction; (3) improper venue; (4) insufficient process; (5) insufficient service of process; (6) failure to state a claim upon which relief can be granted; and (7) failure to join a party under Rule 19.
