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

State:
Multi-State
Control #:
US-PI-0062
Format:
Word; 
Rich Text
Instant download

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.
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FAQ

If a party receiving full satisfaction of a judgment fails to enter satisfaction on the record or deliver a warrant to satisfy, the court may on motion by the party making satisfaction, order satisfaction of the judgment to be entered of record.

?Motions for reconsideration are applicable only when the court's order is based on plainly incorrect reasoning, when the court failed to consider evidence, or there is good reason for it to consider new information on an issue decided.? [Cummings v. Bahr, 295 N.J. Super. 374, 384-385 (App. Div.

. (a)Grounds of Motion. A new trial may be granted to all or any of the parties and as to all or part of the issues on motion made to the trial judge.

. A party seeking any affirmative relief may, at any time after the expiration of 35 days from the service of the pleading claiming such relief, move for a summary judgment or order on all or any part thereof or as to any defense.

Follow these steps to respond to a motion: Fill out the forms. You have to fill out at least 2 forms, maybe more, to file your opposition. File the forms. Turn in your completed forms by mail or efiling. Serve the other party. ... Get ready for the hearing. ... Prepare an order.

. (a)Form; Contents. A judgment or order shall not contain a recital of the pleadings or the record of prior proceedings.

All parties opposing the motion shall file their opposition papers at least 14 days prior to the new motion day, and the moving party shall file its reply papers, if any, at least seven calendar days prior to the new motion day. No other extension of the time limits provided in L. Civ.

Ideally, a judge only grants a motion of remittitur when they believe the amount of a jury award to be so excessive as to be a gross miscarriage of justice. Unlike additur, which is allowed only in state courts where the 7th amendment doesn't apply, a motion for remittitur is allowed in federal court cases.

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