Sample Letter for Motion for Auditor or New Trial and Prejudgment Interest in Nebraska [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Court's Name] [Court's Address] [City, State, ZIP] Re: Case No: [Insert Case Number] Plaintiff: [Plaintiff's Name] Defendant: [Defendant's Name] Dear Honorable [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing to request your consideration for a Motion for Auditor or New Trial and Prejudgment Interest regarding the above-mentioned case. [Provide a brief introduction to the case, including the nature of the dispute, parties involved, and relevant facts.] I. Motion for Auditor: 1. Auditor Defined: In Nebraska, an Auditor is a legal remedy available to the plaintiff when a jury's verdict is considered inadequate based on the evidence and damages presented during the trial. 2. Grounds for Auditor: After a careful review of the trial proceedings and the jury's verdict, it is evident that the amount awarded does not adequately compensate the plaintiff for their losses, including medical expenses, pain and suffering, lost wages, and other damages. 3. Inadequate Verdict Explanation: [Present a detailed analysis explaining why the jury verdict is insufficient, citing specific evidence, jury instructions, and legal precedents.] 4. Requested Monetary Adjustment: We request the Court to increase the previous jury award to an appropriate and just amount that reasonably reflects the damages incurred by the plaintiff. II. Motion for New Trial: 1. New Trial Grounds: In the interest of justice and a fair resolution, we assert that a new trial should be considered based on the following grounds: a. Error in Jury Instructions: [Provide specific instances of erroneous jury instructions or misinterpretation of the law, emphasizing their impact on the outcome of the case.] b. Misconduct or Bias: [If applicable, present any evidence of juror misconduct or instances of bias that potentially influenced the verdict.] c. Newly Discovered Evidence: [If any newly discovered evidence has emerged after the trial, explain its relevance and how it could have affected the outcome.] 2. Request for New Trial: We respectfully request the Court to grant a new trial to ensure justice is served and that the truth can be fully revealed, giving both parties a fair opportunity to present their case. III. Prejudgment Interest: 1. Definition and Applicability: In Nebraska, prejudgment interest refers to the interest on a sum of money awarded by a court, starting from the date the cause of action arose until the date of judgment. It aims to compensate the plaintiff for the loss of the use of money during the litigation period. 2. Supporting Prejudgment Interest Calculation: We have included a calculation sheet demonstrating the principal amount, the appropriate interest rate, and the duration for which the interest is claimed. 3. Request for Prejudgment Interest Award: We respectfully request the Court to award prejudgment interest, as provided by Nebraska law, to compensate the plaintiff for the financial losses resulting from the defendant's actions. Please consider our Motion for Auditor or New Trial and Prejudgment Interest carefully, as we believe it is crucial to achieve justice for our client. In accordance with the court's procedures, we have enclosed a copy of this letter, along with relevant supporting documents, for the defendant and their legal representation. Thank you for your attention to this matter. We trust your wisdom and impartiality in considering our request for a just resolution. We remain at your service for any further information or clarification needed. Respectfully, [Your Name] [Your Title/Position] [Your Law Firm's Name]
Nebraska Sample Letter for Motion for Additur or New Trial and Prejudgment Interest
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How to fill out Nebraska Sample Letter For Motion For Additur Or New Trial And Prejudgment Interest?
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FAQ
If a default judgment is entered against you, you can file a Motion to Set Aside, Modify or Vacate that judgment (CC ) with the county court instead of filing an appeal. The motion must be filed within 30 days after the entry of judgment.
Summary judgment is to be granted only when the pleadings, depositions, admissions, stipulations, and affidavits disclose that there is no genuine issue as to any material fact or as to the ultimate inferences that may be drawn from these facts and that the moving party is entitled to judgment as a matter of law.
Motion for summary judgment is a request made by the defendant in a civil case. It asserts that the plaintiff has raised no genuine issue to be tried and asks the judge to rule in favor of the defense. This motion is typically made before trial.
Summary judgment is a drastic remedy that should be granted only if no triable issues of fact exist and the movant is entitled to judgment as a matter of law. Alvarez v. Prospect Hosp., 68 N.Y. 2d 320, 324 [1986]; Andre v.
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.
Prejudgment interest is allowed where the amount of the claim is liquidated; if reasonable controversy exists concerning the claimant's right to recover or the amount of such recovery, the claim is unliquidated, and prejudgment interest is not allowed. Knox v. Cook, 233 Neb. 387, 446 N.W.
Motion for summary judgment: The court can consider all evidence in the record, even if the evidence was not cited in the pleadings. However, the court can only consider evidence that would be admissible at trial.
A summary judgment is a decision made based on statements and evidence without going to trial. It's a final decision by a judge and is designed to resolve a lawsuit before going to court.
