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.
Virginia 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
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.
No person shall be incompetent to testify because of interest, or because of his being a party to any civil action; but he shall, if otherwise competent to testify, and subject to the rules of evidence and practice applicable to other witnesses, be competent to give evidence in his own behalf and be competent and ...
A trial court in a civil action may enter a judgment notwithstanding the jury's verdict where the verdict is ?contrary to the evidence, or is without evidence to support it.? Va. Code Ann. § 8.01- 430.
§ 8.01-3. Supreme Court may prescribe rules; effective date and availability; indexed, and annotated; effect of subsequent enactments of General Assembly.
Clerical mistakes. Clerical mistakes in all judgments or other parts of the record and errors therein arising from oversight or from an inadvertent omission may be corrected by the court at any time on its own initiative or upon the motion of any party and after such notice, as the court may order.
"We will not set aside a trial court's judgment unless it is 'plainly wrong or without evidence to support it. '" Id. (quoting Code § 8.01-680).
Power to grant new trial; how often. In any civil case or proceeding, the court before which a trial by jury is had, may grant a new trial, unless it be otherwise specially provided. A new trial may be granted as well where the damages awarded are too small as where they are excessive.
A court may order an additur if the jury's verdict manifestly awarded too little compensation. What kind of evidence must be used to support a motion for summary judgment? 43. A summary judgment must be supported by evidence in documentary form, and the evidence must be of a type that would be received at trial.