Ohio 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

(1) Application for a new trial shall be made by motion which, except for the cause of newly discovered evidence, shall be filed within fourteen days after the verdict was rendered, or the decision of the court where a trial by jury has been waived, unless it is made to appear by clear and convincing proof that the ...

R. 11 governs the signing of pleadings, motions and other documents. For a ?willful? violation of this rule, an attorney or pro se party, upon motion of a party or upon the court's own motion, may be subjected to appropriate action, including an award to the opposing party of expenses and reasonable attorney fees.

Rule 12 - Pleadings and Motions Before Trial: Defenses and Objections (A) Pleadings and motions. Pleadings in criminal proceedings shall be the complaint, and the indictment or information, and the pleas of not guilty, not guilty by reason of insanity, guilty, and no contest.

(C)Time: Motion (1)Motion responses and movants' replies generally. Responses to a written motion, other than motions for summary judgment, may be served within fourteen days after service of the motion. Responses to motions for summary judgment may be served within twenty-eight days after service of the motion.

Rule 26 - General Provisions Governing Discovery (A)Policy; discovery methods It is the policy of these rules (1) to preserve the right of attorneys to prepare cases for trial with that degree of privacy necessary to encourage them to prepare their cases thoroughly and to investigate not only the favorable but the ...

R. 37(F) provides factors for judges to consider when a party seeks sanctions against an opponent who has lost potentially relevant electronically stored information. This rule does not attempt to address the larger question of when the duty to preserve electronically stored information is triggered.

After a nonjury trial, the court may, on motion for a new trial, open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new ones, and direct the entry of a new judgment.

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