Wyoming Response to Plaintiff's Motion for Additur or New Trial

State:
Multi-State
Control #:
US-PI-0062
Format:
Word; 
Rich Text
Instant download

Description

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.
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How to fill out Response To Plaintiff's Motion For Additur Or New Trial?

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FAQ

Rule 37 - Failure to make disclosures or to cooperate in discovery; sanctions (a) Motion for an Order Compelling Disclosure or Discovery. (1) In General. On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery.

Any party may demand a trial by jury of any issue triable of right by a jury by (A) serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than 14 days after service of the last pleading directed to such issue, and (B) filing the demand as required by ...

As the name suggests, a Rule 68 Offer of Judgment is, in fact, an offer permitting a plaintiff to accept and enter a judgment against a defendant on specified terms, subject to the court's approval of the settlement via Rule 68.

Under Rule 35, Wyoming Rules of Civil Procedure, whenever the physical or mental condition of a party is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination by a physician.

Rule 60 - Relief from a judgment or order (a) Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record.

Rule 35 - Physical and mental examinations (a) Order for an Examination. (1) In General. The court where the action is pending may order a party whose mental or physical condition-including blood group-is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner.

Rule 40 - Assignment for trial or alternative dispute resolution (a) Scheduling Actions for Trial. The court shall place actions upon the trial calendar: (1) without request of the parties; or (2) upon request of a party and notice to the other parties; or (3) in such other manner as the court deems expedient.

The court on motion of a defendant may grant a new trial to that defendant if required in the interest of justice.

Wyoming rule 41 (a) (1) reads: a notice of dismissal operates as an adjudication on the merits when filed by a plaintiff who has once dismissed in any court an action in which service was obtained, based on or including the same claim.

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Wyoming Response to Plaintiff's Motion for Additur or New Trial