Montana Response to Plaintiff's Motion for Additur or New Trial

State:
Multi-State
Control #:
US-PI-0062
Format:
Word; 
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Description

This form is used by the defendant to respond to plaintiff's motion for additur or new trial in which the defendant argues that the jury verdict should not be modified and that the plaintiff should not be awarded a new trial.

Montana Response to Plaintiff's Motion for Auditor or New Trial: A Montana response to the plaintiff's motion for auditor or new trial serves as a legal document filed by the defendant in a civil case to contest the plaintiff's request for an increase in damages (auditor) or a new trial. It aims to persuade the court to deny the plaintiff's motion based on specific legal grounds. Keywords: Montana response, plaintiff's motion, auditor, new trial, legal document, defendant, civil case, damages, increase, contest, persuade, court, deny, legal grounds. Different types of Montana Response to Plaintiff's Motion for Auditor or New Trial: 1. Opposition to Plaintiff's Motion for Auditor: This type of response argues against the plaintiff's request for an increase in damages, presenting factual and legal reasons why the court should deny the auditor. 2. Opposition to Plaintiff's Motion for New Trial: This response addresses the plaintiff's request for a new trial, outlining grounds on which the defendant contends that a new trial is unnecessary or unwarranted. 3. Combined Response to Plaintiff's Motion for Auditor or New Trial: In some cases, the defendant may choose to address both the plaintiff's motion for auditor and new trial in a single response. This document aims to refute both requests simultaneously. 4. Motion to Strike Plaintiff's Motion for Auditor or New Trial: In certain situations, the defendant may file a motion asking the court to disregard or dismiss the plaintiff's motion entirely. This response presents legal arguments as to why the court should strike the plaintiff's motion. 5. Response to Joiner of Multiple Plaintiff Motions: If multiple plaintiffs file separate motions for auditor or new trial, the defendant may submit a response addressing their requests collectively. The response challenges the claims made by all the plaintiffs in a comprehensive manner. Note: The types mentioned above are fictional and do not represent an exhaustive list of possible variations. The actual types of Montana Response to Plaintiff's Motion for Auditor or New Trial may vary depending on the specific circumstances of the case.

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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.

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 56. Summary Judgment. (a) By a Claiming Party. A party claiming relief may move, with or without supporting affidavits, for summary judgment on all or part of the claim.

Rule 56 - Summary Judgment (a)Motions for Summary Judgment. A party may move for summary judgment subsequent to the commencement of any proceeding under these rules except in actions for divorce or in actions for custody or visitation or for criminal contempt.

The court shall grant summary judgment if the moving party shows that there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.

The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.

If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim. No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion.

Findings by the court. (1) In all actions tried upon the facts without a jury or with an advisory jury, the court shall find the facts specially and state separately its conclusions of law thereon and direct the entry of the appropriate judgment.

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RESPONSE INSTRUCTIONS:​​ o You will complete and file the original Response to Motion and the original Affidavit with the Clerk of Court. HOWEVER, before filing  ... "(c) Time for Serving Affidavits. When a motion for new trial is based upon affidavits they shall be served with the motion. The opposing party has 10 days ...by DR Wilson · Cited by 20 — these situations the plaintiff must accept a complete new trial. (if he can get it) ... Plaintiff moves for a new trial or requests an additur and the trial court. Where plaintiffs, dissatisfied with verdict on first trial, file a motion for additur or a new trial on the question of damages only and the trial court grants ... Mar 1, 2022 — No response may be filed to a motion seeking leave to file a motion for reconsideration. Unless the presiding judge orders a response, no. Dec 28, 2020 — A different trial judge will then review the case and make a decision – either pass the motion for remittitur or assign a court date for a new ... IV. Plaintiffs' motion to release exhibits from protective order is denied. All of the protected exhibits were used at public trial of this cause; afterwards ... Apr 9, 2019 — Additur is a condition if a judge denies a motion for a new trial. The ... the right to demand that a plaintiff file a motion for remittitur. Jan 25, 2007 — as error the trial court's refusal to grant him an additur or new trial on damages, front pay, ... In considering a motion for JMOL, “a ... This civil action is before the Court on plaintiffs' Motion Requesting Additur, or in the Alternative, a New Trial on the Issue of Damages [Doc. 36]. Plaintiffs ...

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Montana Response to Plaintiff's Motion for Additur or New Trial