[Your Name] [Your Address] [City, State, Zip] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Montana Court Name] [Montana Court Address] [City, State, Zip] Re: Motion for Auditor or New Trial and Prejudgment Interest Case Name: [Plaintiff's Name] vs. [Defendant's Name] Case Number: [Case Number] Your Honor, I hope this letter finds you in good health. I am writing on behalf of my client, [Plaintiff's Name], to submit this Motion for Auditor or New Trial and Prejudgment Interest in the above-mentioned case. The purpose of this motion is to seek a fair and just resolution for my client, considering the circumstances and the damages suffered. In support of this motion, I would like to bring to your attention the following points: 1. Background: Provide a brief overview of the case, outlining the parties involved, the relevant events, and the nature of the claim. Explain the damages suffered by the plaintiff and the basis for seeking additional compensation through auditor or a new trial. 2. Legal Basis for Motion: Describe the legal grounds on which the motion is being made, referring to relevant sections of the Montana Statutes or case laws. Address any applicable rules or procedures that allow for a motion of this nature, emphasizing the rights of the plaintiff to fair compensation and to seek legal redress. 3. Auditor: Explain the concept of auditor, whereby the court has the power to increase the amount of damages awarded by the jury if it is deemed inadequate. Argue why the damages awarded are insufficient in light of the evidence presented, the severity of the injuries or losses suffered, and any economic or non-economic factors impacting the plaintiff's quality of life. 4. New Trial: If auditor is not applicable or available, request a new trial on the basis of insufficient damages awarded. Articulate why a new trial is necessary, citing errors or irregularities in the trial proceedings, new evidence that has since come to light, or any other relevant factor that may have influenced the jury's decision and adversely impacted the plaintiff's chances of receiving a just compensation. 5. Prejudgment Interest: Seek an award of prejudgment interest, which compensates the plaintiff for the time value of money from the date of the injury or loss until the date of the judgment. Explain the rationale behind prejudgment interest and illustrate the impact it can have on ensuring a fair and equitable resolution of the case. In conclusion, I believe that my client, [Plaintiff's Name], merits an auditor to the damages awarded, or alternatively, a new trial. Additionally, I respectfully request the court to award prejudgment interest to compensate for the delayed resolution of this matter. My client has diligently pursued their legal rights, and a fair and just resolution would provide the necessary closure and compensation they are entitled to under Montana law. Thank you for your attention to this matter. I trust in your judicial wisdom to review this motion carefully and make a just decision. I am available for any further clarification or to provide any additional documentation required. Sincerely, [Your Name]
Montana Sample Letter for Motion for Additur or New Trial and Prejudgment Interest
Description
How to fill out Montana Sample Letter For Motion For Additur Or New Trial And Prejudgment Interest?
If you have to comprehensive, download, or produce legal papers web templates, use US Legal Forms, the most important selection of legal forms, which can be found on the Internet. Take advantage of the site`s basic and practical research to discover the paperwork you need. Different web templates for organization and person purposes are sorted by groups and suggests, or search phrases. Use US Legal Forms to discover the Montana Sample Letter for Motion for Additur or New Trial and Prejudgment Interest in a handful of mouse clicks.
When you are already a US Legal Forms consumer, log in to the profile and click on the Obtain key to find the Montana Sample Letter for Motion for Additur or New Trial and Prejudgment Interest. You can also access forms you earlier acquired from the My Forms tab of your profile.
If you are using US Legal Forms the very first time, follow the instructions beneath:
- Step 1. Make sure you have chosen the shape for your right area/country.
- Step 2. Take advantage of the Review method to check out the form`s articles. Never forget about to read through the outline.
- Step 3. When you are unhappy together with the form, make use of the Search industry towards the top of the monitor to find other variations from the legal form format.
- Step 4. Upon having discovered the shape you need, go through the Buy now key. Choose the costs plan you favor and add your credentials to sign up to have an profile.
- Step 5. Approach the deal. You can use your Мisa or Ьastercard or PayPal profile to finish the deal.
- Step 6. Select the formatting from the legal form and download it in your system.
- Step 7. Total, modify and produce or signal the Montana Sample Letter for Motion for Additur or New Trial and Prejudgment Interest.
Every legal papers format you acquire is your own property permanently. You possess acces to every form you acquired in your acccount. Select the My Forms area and choose a form to produce or download once again.
Compete and download, and produce the Montana Sample Letter for Motion for Additur or New Trial and Prejudgment Interest with US Legal Forms. There are many expert and condition-particular forms you can use for your organization or person demands.
Form popularity
FAQ
A motion for judgment as a matter of law may be made at any time before the case is submitted to the jury. The motion must specify the judgment sought and the law and facts that entitle the movant to the judgment.
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.
Rule 50(b) allows the court to reserve decision on the question of law until after the case has been submitted to the jury and it has reached a verdict or is unable to agree. If the court decides the initial motion should have been granted, it may set aside the verdict of the jury and enter judgment as a matter of law.
The grounds for granting a motion for a new trial include a significant error of law, verdict going against the weight of evidence, irregularity in the court proceeding, jury misconduct, newly discovered material evidence, and improper damages.
When, at the close of the prosecution's evidence or at the close of all the evidence, the evidence is insufficient to support a finding or verdict of guilty, the court may, on its own motion or on the motion of the defendant, dismiss the action and discharge the defendant.
46-16-702. Motion for a new trial. (1) Following a verdict or finding of guilty, the court may grant the defendant a new trial if required in the interest of justice. A new trial may be ordered by the court without a motion or may be granted after motion and hearing.
