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.
Washington 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
Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders.
A party may file a motion for reconsideration only of a decision by the judges (1) terminating review, or (2) granting or denying a personal restraint petition on the merits. The motion should be in the form and be served and filed as provided in he rules 17.3 (a), 17.4 (a) & (g), and 18.5.
If found guilty, new evidence can be grounds for retrial. If found not guilty, they can never be retried for the same crime.
A motion for a new trial or for reconsideration shall identify the specific reasons in fact and law as to each ground on which the motion is based. (c) Time for Serving Affidavits. When a motion for new trial is based on affidavits, they shall be filed with the motion.
A motion is the method used to speak to the judge about a matter in your case. For example, a motion may be brought to ask the court to set aside a default or vacate a default judgment, or it may be brought to ask the court to order a judgment to be paid in installments.
Motion for a New Trial ? The court can vacate the judgment and allow for a new trial. This is rarely granted, but may be done ?if the interest of justice so requires.? Motion for Judgment of Acquittal ? Court may set aside the jury's verdict and allow the defendant to go free.
Latin for ?to send back, to remit.? The purpose of remittitur is to give a trial court the ability, with the plaintiff's consent, to correct an inequitable damage award or verdict without having to order a new trial.
The most common post-trial motions include: Motion to set aside the verdict. Motion for a new trial. Motion to dismiss.