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.
A Texas Motion for Interest on an Affirmed Judgment of a Federal District Court is a legal document filed in the state of Texas to request the payment of interest on a judgment that has been affirmed by a Federal District Court. This motion aims to compensate the prevailing party for the delay in receiving the monetary award established by the judgment. Keywords: Texas, Motion for Interest, Affirmed Judgment, Federal District Court In Texas, interest on a judgment is not automatically awarded. The prevailing party must file a Motion for Interest to request the additional amount. This motion can be filed in various situations, including when a judgment has been affirmed by a Federal District Court after going through the appeals process. Types of Texas Motions for Interest on an Affirmed Judgment of a Federal District Court: 1. Standard Motion for Interest: This motion is filed when a judgment has been affirmed by a Federal District Court, and the prevailing party is seeking interest on the principal amount awarded. The interest sought typically accrues from the date the judgment was entered until the date of actual payment. 2. Prejudgment Interest Motion: In some cases, the prevailing party may request both interest on the affirmed judgment and prejudgment interest. Prejudgment interest compensates the party for any damages incurred before the judgment was entered. This motion is filed when there is evidence of lost income, property damage, or other financial losses that occurred prior to the judgment. 3. Postjudgment Interest Motion: If a judgment has been affirmed but remains unpaid beyond its due date, the prevailing party may file a motion to request postjudgment interest. Postjudgment interest compensates for the delay in receiving the payment after the judgment becomes final. The interest typically accrues from the date the judgment is due until the date of actual payment. 4. Compound Interest Motion: In some cases, the prevailing party may seek compound interest on an affirmed judgment. Compound interest includes both the interest that accrues on the principal amount awarded, and the interest that accumulates on any previously awarded interest. This motion is typically filed when there has been a significant delay in receiving the judgment payment. 5. Tacking Interest Motion: If a judgment has been affirmed, but there have been multiple periods when payment was delayed due to appeals or other legal procedures, the prevailing party may file a motion to "tack" the interest. Tacking interest allows the party to combine the separate periods of delay and calculate the interest based on the total period the judgment remained unpaid. When filing a Texas Motion for Interest on an Affirmed Judgment of a Federal District Court, it is important to include supporting documentation, such as copies of the affirmed judgment, details on the applicable interest rates, and any evidence justifying the need for interest. The motion should be filed with the appropriate court and served on the opposing party to allow them an opportunity to respond.
