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.
Texas Response to Plaintiff's Motion for Additur or New Trial
State:
Multi-State
Control #:
US-PI-0062
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Response To Plaintiff's Motion For Additur Or New Trial?
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FAQ
If a trial court judge has not signed an order granting or denying a motion for new trial within 75 days after the date the final judgment was signed, the motion is generally overruled by operation of law.
A party's post-trial request that the court vacates the judgment and orders a new trial to re-examine some or all of the matters from the concluded trial. The motion can be made by any party and following both jury trials and bench trials.
192.7 Definitions. As used in these rules: (a) Written discovery means required disclosures, requests for disclosure in suits governed by the Family Code, requests for production and inspection of documents and tangible things, requests for entry onto property, interrogatories, and requests for admission.
An additur (Latin: "it is added to") is a legal term referring to the practice of a trial judge adding damages additional to the original amount awarded by the jury.
Noun. Note: The Supreme Court held in Dimick v. Schiedt, 293 U.S. 474 (1935) that additur violates the Seventh Amendment and so is not permissible in federal courts.
Additur also refers to the ability of the trial court to increase the total amount of the damages that have been awarded if they are deemed to be inadequate. However, an increase in the total amount of damages awarded to a plaintiff will only be made as a condition of a denial of a new trial.
A response and brief to an opposed motion must be filed within 21 days from the date the motion is filed. Time for Reply Briefs. Unless otherwise directed by the presiding judge, a party who has filed an opposed motion may file a reply brief within 14 days from the date the response is filed.
Additur and remittitur ensure the justness of a judgment award while conserving valuable court resources. Rather than starting a case over with a new trial, additur and remittitur allow the courts to rectify an excessively high or low jury verdict while saving time and money.