New Jersey Sample Letter for Motion for Additur or New Trial and Prejudgment Interest
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How to fill out Sample Letter For Motion For Additur Or New Trial And Prejudgment Interest?
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FAQ
What is a Motion? A motion is the method used to speak to the judge about a matter in your case. For example, a motion may be brought to ask the court to set aside a default or vacate a default judgment, or it may be brought to ask the court to order a judgment to be paid in installments.
Examples of motions include: Motion to dismiss the complaint ? Motion for entry of default ? Motion to vacate a default judgment ? Motion for summary judgment ? Motion to strike an answer for failure to answer interrogatories ? Motion to compel discovery.
The trial judge on defendant's motion may grant the defendant a new trial if required in the interest of justice. If trial was by the judge without a jury, the judge may, on defendant's motion for a new trial, vacate the judgment if entered, take additional testimony and direct the entry of a new judgment.
General format - each motion generally consists of a case caption, a title that briefly identifies the relief sought, a series of numbered paragraphs that explains -- in a logical way -- why you are entitled to that relief, a prayer for relief, a signature block, a certification that a copy of the motion was sent to ...
Unless you have received a motion for summary judgment, you MUST respond to the moving papers at least 8 days before the return date listed on the Notice of Motion. A summary judgment motion requires that the response be filed at least 10 days before the return date.
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.
?Under New Jersey law, a court may award prejudgment interest in its discretion in ance with equitable principles, and the court's exercise of its discretion should not be disturbed on appeal unless it represents 'a manifest denial of justice.
The Court Rules require that a motion for reconsideration of a final order must be filed within 20 days after the Order has been served and must ?state with specificity the basis on which it is made, including a statement of the matters or controlling decisions which counsel believes the court has overlooked or as to ...
