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.
Broward Florida Response to Plaintiff's Motion for Additur or New Trial
State:
Multi-State
County:
Broward
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
For example, if the evidence presented in a case is so lacking or inconsequential that the plaintiff is reasonably unable to win the case it seems likely the jury would dismiss the matter, or acquit, without being directed to do so.
A directed verdict is a ruling entered by a trial judge after determining that there is no legally sufficient evidentiary basis for a reasonable jury to reach a different conclusion. The trial court may grant a directed verdict either sua sponte or upon a motion by either party.
These terms refer to options both parties have to request a different jury verdict. If the jury's verdict does not satisfy one of the parties, it is possible to file a motion for the trial court to either increase the verdict (additur) or reduce the jury verdict (remittitur).
On a directed verdict motion in California, the court's decision operates as an adjudication on the merits unless otherwise ordered by the court, however the jury must still render a verdict before the decision on the motion for directed verdict can be incorporated in the final judgment.
In the United States where from the provisions of our criminal law on new trial have been taken, errors of law in the judgment or verdict in criminal cases are grounds for new trial. "A new trial will granted where the verdict is against the law." (16 C.J. Sec. 2706; Wharton's Criminal Procedure, Sec.
Rule 1.535 - REMITTITUR AND ADDITUR (a) Within the time provided in rule 1.530(b), any party may serve a motion for remittitur or additur.
These terms refer to options both parties have to request a different jury verdict. If the jury's verdict does not satisfy one of the parties, it is possible to file a motion for the trial court to either increase the verdict (additur) or reduce the jury verdict (remittitur).
Legal Definition of additur Schiedt, 293 U.S. 474 (1935) that additur violates the Seventh Amendment and so is not permissible in federal courts. Many state courts allow additur, however, when the defendant agrees to the increased award on the condition that the court deny plaintiff's motion for a new trial.
Rule 1.470(b) provides that a party must make a contemporaneous objection to the jury instruction to preserve the issue for appeal. To properly preserve the objection, it is necessary that a distinct and specific objection be made. A general objection is not sufficient.
The defendant can move for a directed verdict after the plaintiff rests her case. If the judge grants this motion, the case is over and the defendant wins. If the judge denies the motion, the defendant has an opportunity to present evidence.