[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Court Name] [Court's Address] [City, State, ZIP] Re: Motion for Auditor or New Trial and Prejudgment Interest Dear Judge [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing to bring to your attention a matter of utmost importance pertaining to the case [Case Name], docket number [Docket Number], currently before your esteemed court. I am the plaintiff in this case and would like to present a Motion for Auditor or New Trial and Prejudgment Interest, as explained below. 1. Introduction: South Dakota Sample Letter for Motion for Auditor or New Trial and Prejudgment Interest represents the legal document that seeks to request an adjustment in the awarded damages or alternatively a new trial alongside seeking an award of prejudgment interest in a civil case. 2. Auditor: Auditor refers to the request for an increase in the awarded damages by the court to adequately compensate the plaintiff for the losses endured due to the defendant's misconduct. In the present case, after carefully evaluating the existing evidence and considering the applicable law, I believe that the damages awarded in the final judgment are insufficient to compensate me for the extensive physical, emotional, and financial harm I have suffered. 2.1 Grounds for Auditor: [List the specific grounds that warrant an increase in the damages awarded, such as the severity of the injuries, medical bills, lost wages, pain and suffering, loss of companionship, etc.] 2.2 Legal Precedents: [Mention relevant legal precedents from South Dakota or other jurisdictions that support your claim for auditor.] 3. New Trial: In the alternative, I am requesting a new trial to rectify any possible errors made during the previous trial, prejudicial misconduct, or any other factors that may have affected the fairness or justness of the verdict rendered. 3.1 Error of Law or Procedure: [Identify specific legal errors or procedural irregularities that justify the request for a new trial.] 3.2 Newly Discovered Evidence: [If applicable, state the newly discovered evidence that would necessitate a new trial.] 4. Prejudgment Interest: Further, as part of this motion, I also seek an award of prejudgment interest. The prevailing law in South Dakota allows for the recovery of prejudgment interest to ensure that the plaintiff is adequately compensated for the duration of time between the date of the incident or accrual of damages and the final judgment. 4.1 Calculation of Prejudgment Interest: [Describe how the prejudgment interest is calculated, considering the applicable interest rate and the specific time period.] 4.2 Legal Authority for Prejudgment Interest: [Cite relevant South Dakota statutes or case law that support the award of prejudgment interest in similar cases.] 5. Conclusion: In light of the foregoing, I respectfully request this Honorable Court to grant my Motion for Auditor or, in the alternative, a New Trial, alongside awarding me the proper prejudgment interest. I believe that the requested remedies are fair, just, and in accordance with the applicable law. Thank you for your attention to this matter. I trust that justice will prevail, and I respectfully look forward to your ruling on this important motion. Sincerely, [Your Name]
South Dakota 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
Debt collectors have a certain number of years they can sue you and win to collect a debt. It's called the statute of limitations and it usually begins when you fail to make a payment on a debt. In South Dakota, the statute of limitations is six years.
See SDCL 15-26A-3. A motion for reconsideration is not a separate and appealable order. Rather, it is ?an invitation to the court to consider exercising its inherent power to vacate or modify its own judgment.? Breeden v. , 598 NW2d 441, 444 ( 1999).
SOUTH DAKOTA A judgment becomes a lien on real property for a period of 10 years. S.D. Codified Laws § 15-16-7. A judgment may be renewed for an additional period of ten years.
In South Dakota, all misdemeanors carry a lengthy seven-year statute of limitations. Most felonies also have a seven-year statute of limitations. Class A, B, and C felonies do not have any statute of limitations.
If the liability of one party to another has been determined by verdict or order or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which shall have the same effect as an offer made before trial if it is served ...
Execution of Judgment Once an execution is turned into the Sheriff's Office, the following procedures take place: The plaintiff fills out a questionnaire about the defendant including their known property and bank accounts. The plaintiff pays a $95 fee. The fees are added to defendant's costs.
Interest, Costs and Attorney's Fees Post-judgment interest is payable on all judgments at the statutory rate. SDCL §54-3-5.1. The statutory rate in South Dakota is currently 10 percent per annum. SDCL §54-3-16(2).
