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.
Typically, you have a limited timeframe after the verdict to file this motion, often within 30 days, but it’s best to check with local rules or a lawyer.
If you feel the jury’s award doesn’t match the damages you suffered and seems quite off, it might be worth considering.
It depends on the specific case and evidence, but they’re not granted all the time. It’s a bit of a long shot, honestly.
Common grounds include juror misconduct, improper evidence being admitted, or if the verdict goes against the weight of the evidence.
The court looks at the evidence presented and determines if the damages awarded were too low and if a higher amount is warranted based on what’s fair.
A motion for a new trial is when a party asks the court to redo a trial, usually because they believe there was a significant error that affected the outcome.
A motion for additur is a request asking the court to increase the amount of damages awarded by a jury, claiming the initial amount isn’t fair.