28 U.S.C.A. § 1961 provides in part that interest shall be allowed on any money judgment in a civil case recovered in a district court. Such interest would continue to accrue throughout an appeal that was later affirmed.
Oregon Motion for Interest on an Affirmed Judgment of a Federal District Court is a legal document that seeks to request the court to award interest on a judgment that has been affirmed by a federal district court in Oregon. This motion is typically filed by the prevailing party (plaintiff) to seek compensation for the delay in receiving the awarded amount. Keywords: Oregon Motion for Interest, Affirmed Judgment, Federal District Court, legal document, prevailing party, compensation, awarded amount, interest. There are two main types of Oregon Motion for Interest on an Affirmed Judgment of a Federal District Court: 1. Prejudgment Interest Motion: This type of motion requests the court to award interest on the judgment amount from the date the cause of action arose until the federal district court's judgment is entered. It aims to compensate the prevailing party for the loss of use of money during the litigation process. 2. Post-judgment Interest Motion: After obtaining an affirmed judgment from a federal district court, the prevailing party can file this motion to request interest on the judgment amount from the date the judgment is entered until the date it is fully satisfied. This interest aims to compensate for the delay in receiving the awarded judgment amount. When drafting an Oregon Motion for Interest on an Affirmed Judgment of a Federal District Court, it is crucial to include the following elements: 1. Caption: The title of the case, including the names of the parties, federal district court details, and the case number. 2. Introduction: A paragraph explaining the purpose of the motion, identifying the judgment that has been affirmed, and stating the intent to seek interest as compensation. 3. Background: A brief summary of the case history, including relevant dates, the original judgment amount, any prior Appeals Court decisions, and the affirmation of the judgment by the federal district court. 4. Legal Basis: A section highlighting the applicable laws, statutes, or legal principles that authorize the award of interest on affirmed judgments in Oregon federal district courts. 5. Supporting Arguments: A comprehensive presentation of the reasons justifying the request for interest, such as the loss of use of funds during the litigation process, the delay in receiving the awarded amount, and any hardships suffered by the prevailing party due to the delayed payment. 6. Calculation of Interest: A detailed explanation of the methodology used to calculate the interest amount, including the interest rate applied, the dates, and the principal amount used for calculation. 7. Relief Requested: A clear statement requesting the court to award interest on the affirmed judgment, specifying the interest rate, the period for which interest is sought, and the total interest amount. 8. Conclusion: A concise summary restating the reasons for the interest request and emphasizing the need for the court's favorable ruling. To effectively draft an Oregon Motion for Interest on an Affirmed Judgment of a Federal District Court, it is advisable to consult with a qualified attorney to ensure compliance with relevant laws, local rules, and court procedures.
