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.
Arkansas 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
Any party opposing a motion shall serve a response within 10 days after service of the motion. The movant shall then have 5 days after service of the response within which to serve a reply.
Rule 33.3 - Posttrial Motions (a) A person convicted of either a felony or misdemeanor may file a motion for new trial or any other application for relief. Such pleadings shall include a statement that the movant believes the action to be meritorious and is not offered for the purpose of delay.
Under this rule, the findings of the trial judge must be affirmed on appeal unless clearly erroneous, which is the same as clearly against the preponderance of the evidence. The rule, however, does not alter the fact that in some cases an issue must be proved by clear and convincing evidence.
The grounds for granting a motion for a new trial include a significant error of law, verdict going against the weight of evidence, irregularity in the court proceeding, jury misconduct, newly discovered material evidence, and improper damages.
Following are the various grounds on which a party may rely in seeking a new trial: 1) The case where the Verdict is Against the Weight of the Evidence: ... 2) The case where the Verdict is Inadequate or Excessive: ... 3) The case where a Party Newly Discovers Evidence:
It states the general rule that the court may, with prior notice to all parties, modify a judgment, decree or order within 90 days of its filing with the clerk to "correct errors or mistakes or to prevent the miscarriage of justice." Revised subdivision (b) expressly states an exception for "clerical mistakes" and ...
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.
Penal Code section 1181 governs motions for a new trial based on newly discovered evidence.