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.
Pennsylvania Response to Plaintiff's Motion for Additur or New Trial
State:
Multi-State
Control #:
US-PI-0062
Format:
Word;
Rich Text
Instant download
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How to fill out Response To Plaintiff's Motion For Additur Or New Trial?
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FAQ
(a) After trial and upon the written Motion for Post-Trial Relief filed by any party, the court may (1) order a new trial as to all or any of the issues; or (2) direct the entry of judgment in favor of any party; or (3) remove a nonsuit; or (4) affirm, modify or change the decision; or (5) enter any other appropriate ...
Rule 227 - Exceptions (a) It shall not be necessary on the trial of any action or proceeding to take exception to any ruling of the trial judge.
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.
Demand. Waiver. (a) In any action in which the right to jury trial exists, that right shall be deemed waived unless a party files and serves a written demand for a jury trial not later than twenty days after service of the last permissible pleading.
Rule 1034 - Motion for Judgment on the Pleadings (a) After the relevant pleadings are closed, but within such time as not to unreasonably delay the trial, any party may move for judgment on the pleadings. (b) The court shall enter such judgment or order as shall be proper on the pleadings.
Code § 587 - Motion for Dismissal. (a) Untimely Filing of Information. (1) Upon motion and a showing that an information has not been filed within a reasonable time, the court may order dismissal of the prosecution, or in lieu thereof, make such other order as shall be appropriate in the interests of justice.
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.
So, for instance, Rule 59(e) could read as follows: (e) Motion to Alter or Amend a Judgment. A motion to alter or amend a judgment must be filed no later than 28 days after the entry of the judgment. As set forth in Rule 6(b)(2), this deadline cannot be extended by the court.