Delaware Sample Letter for Motion for Additur or New Trial and Prejudgment Interest

• Category: Letters - Legal - Motions
• State: Multi-State
• Control #: US-0374LTR
• Format: Word; Rich Text

Description

This form is a sample letter in Word format covering the subject matter of the title of the form. A motion for auditor or new trial is a legal document filed in Delaware when a party believes that the damages awarded in a verdict are insufficient or that a new trial should be granted based on certain grounds. In addition, a party may also request prejudgment interest, which is the interest calculated on the damages from the time the cause of action arose until the judgment is entered. Keywords: Delaware, Sample Letter, Motion for Auditor, New Trial, Prejudgment Interest. --- [Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Delaware Court] [Court's Address] [City, State, Zip Code] Re: [Case Name and Number] Dear Honorable [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing to request for an auditor or a new trial in the above-mentioned case. Furthermore, I respectfully seek an award of prejudgment interest as authorized under Delaware law. This letter outlines the grounds for each request. Motion for Auditor: Your Honor, after a thorough review of the jury's verdict, I firmly believe that the damages awarded are insufficient considering the nature of the injuries and losses suffered by [Plaintiff's Name]. The evidence presented during trial clearly demonstrated the significant physical and emotional harm caused by [Defendant's Name]'s negligence/malicious actions. The damages awarded fail to adequately compensate [Plaintiff's Name] for their medical expenses, lost wages, pain and suffering, and ongoing treatment costs. Based on the evidence presented and the applicable legal standards, an auditor is merited to ensure a fair and just resolution for [Plaintiff's Name]. We request an increase in the damages awarded to reflect the true extent of the harm endured. Motion for New Trial: In the interest of justice, I also request a new trial on the basis of [mention specific grounds such as jury misconduct, improper admission of evidence, improper jury instructions, or any other relevant grounds for a new trial as per Delaware law]. The [specific ground] during the trial severely impacted the fairness of the proceedings, thereby preventing a just outcome. Requesting a new trial is essential to safeguard the integrity of the judicial process and ensure a fair trial for all parties involved. Request for Prejudgment Interest: Additionally, I would like to request an award of prejudgment interest as authorized under Delaware law. The prejudgment interest compensates [Plaintiff's Name] for the loss of use of funds during the pendency of the lawsuit. The interest should accrue from the date the cause of action arose until the date of the judgment. The applicable interest rate should align with the prevailing Delaware statutory rate or as determined by the Honorable Court. We kindly request that the Court promptly schedule a hearing to address our motions for auditor, new trial, and prejudgment interest. We believe that a thorough examination of the issues raised will substantiate our claims and enable a fair and just resolution consistent with Delaware law. Thank you for your attention to this matter, and we remain at your disposal for any further information or clarification that the Court may require. We trust in the wisdom and impartiality of the Court in making a just decision on these matters. Yours sincerely, [Your Name] [Your Attorney's Name] [Attorney's Address] [City, State, Zip Code]

A motion for auditor or new trial is a legal document filed in Delaware when a party believes that the damages awarded in a verdict are insufficient or that a new trial should be granted based on certain grounds. In addition, a party may also request prejudgment interest, which is the interest calculated on the damages from the time the cause of action arose until the judgment is entered. Keywords: Delaware, Sample Letter, Motion for Auditor, New Trial, Prejudgment Interest. --- [Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Delaware Court] [Court's Address] [City, State, Zip Code] Re: [Case Name and Number] Dear Honorable [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing to request for an auditor or a new trial in the above-mentioned case. Furthermore, I respectfully seek an award of prejudgment interest as authorized under Delaware law. This letter outlines the grounds for each request. Motion for Auditor: Your Honor, after a thorough review of the jury's verdict, I firmly believe that the damages awarded are insufficient considering the nature of the injuries and losses suffered by [Plaintiff's Name]. The evidence presented during trial clearly demonstrated the significant physical and emotional harm caused by [Defendant's Name]'s negligence/malicious actions. The damages awarded fail to adequately compensate [Plaintiff's Name] for their medical expenses, lost wages, pain and suffering, and ongoing treatment costs. Based on the evidence presented and the applicable legal standards, an auditor is merited to ensure a fair and just resolution for [Plaintiff's Name]. We request an increase in the damages awarded to reflect the true extent of the harm endured. Motion for New Trial: In the interest of justice, I also request a new trial on the basis of [mention specific grounds such as jury misconduct, improper admission of evidence, improper jury instructions, or any other relevant grounds for a new trial as per Delaware law]. The [specific ground] during the trial severely impacted the fairness of the proceedings, thereby preventing a just outcome. Requesting a new trial is essential to safeguard the integrity of the judicial process and ensure a fair trial for all parties involved. Request for Prejudgment Interest: Additionally, I would like to request an award of prejudgment interest as authorized under Delaware law. The prejudgment interest compensates [Plaintiff's Name] for the loss of use of funds during the pendency of the lawsuit. The interest should accrue from the date the cause of action arose until the date of the judgment. The applicable interest rate should align with the prevailing Delaware statutory rate or as determined by the Honorable Court. We kindly request that the Court promptly schedule a hearing to address our motions for auditor, new trial, and prejudgment interest. We believe that a thorough examination of the issues raised will substantiate our claims and enable a fair and just resolution consistent with Delaware law. Thank you for your attention to this matter, and we remain at your disposal for any further information or clarification that the Court may require. We trust in the wisdom and impartiality of the Court in making a just decision on these matters. Yours sincerely, [Your Name] [Your Attorney's Name] [Attorney's Address] [City, State, Zip Code]