Subject: Massachusetts Sample Letter for Motion for Auditor or New Trial and Prejudgment Interest Dear [Recipient's Name], I hope this letter finds you well. I am writing to provide you with a detailed description of the Massachusetts Sample Letter for Motion for Auditor or New Trial and Prejudgment Interest, which can be of great assistance in legal matters. There are various types of this sample letter available, each serving a particular purpose. Let's delve into each of them: 1. Massachusetts Sample Letter for Motion for Auditor: An "auditor" is a legal term referring to a request made by one party to a civil lawsuit, typically the plaintiff, seeking an increase in the amount of damages awarded by the jury. This type of sample letter is used in Massachusetts courts to make such a motion. It aims to persuade the court to reconsider the awarded damages due to insufficiency or inadequacy. The letter should provide convincing arguments, supporting evidence, and relevant case law to strengthen the plaintiff's position. 2. Massachusetts Sample Letter for Motion for New Trial: In some instances, either party involved in a civil lawsuit may believe that the trial was unfair or that errors occurred during the proceedings. In such cases, this type of sample letter is used to file a motion requesting a new trial. It is important to outline specific reasons, such as judicial errors, introduction of improper evidence, or incorrect jury instructions that affected the outcome. The letter should be well-structured and eloquently written to present a persuasive argument for a new trial. 3. Massachusetts Sample Letter for Prejudgment Interest: The concept of "prejudgment interest" in Massachusetts refers to the accumulation of interest on an awarded sum from the date the lawsuit was filed until the date the judgment is entered. This sample letter assists in claiming prejudgment interest in cases where it is applicable. It should outline the facts, applicable laws, and any supporting evidence that can establish the right to claim prejudgment interest. The letter may also request a specific interest rate or provide calculations to help the court calculate the correct amount. Each of these sample letters should adhere to the specific rules and procedures of filing motions or claiming prejudgment interest in Massachusetts courts. Ensure that you customize the content according to the unique circumstances and facts of each case, as no two legal matters are exactly alike. Please note that it is always recommended seeking professional legal guidance to ensure compliance with local laws and to maximize the chances of success when using such sample letters. I hope this information proves helpful to you. If you have any further questions or need assistance, please do not hesitate to reach out to me. Thank you for your attention. Sincerely, [Your Name]
Massachusetts Sample Letter for Motion for Additur or New Trial and Prejudgment Interest
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How to fill out Sample Letter For Motion For Additur Or New Trial And Prejudgment Interest?
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Rule 30 of the Massachusetts Rules of Criminal Procedure, provides for Postconviction Relief, as it allows a defendant who has made an admission to sufficient facts, pleaded guilty, or been found guilty to file a motion for a new trial, vacating the conviction.
In ance with Local Rule 7.1, a party opposing a motion, must file an opposition to the motion within 14 days after service of the motion, unless another period is fixed by rule or statute, or by order of the court.
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.
A motion to the court must include the legal authority that supports the motion request. The moving party must explain how and why the law, case law, and/or court rule supports the request.
The judge on motion of a defendant or on his own motion shall enter a finding of not guilty of the offense charged in an indictment or complaint or any part thereof after the evidence on either side is closed if the evidence is insufficient as a matter of law to sustain a conviction on the charge.
If you cannot meet a deadline or a date on which you have to make an appearance, you must ask for a postponement, which is called a ?continuance,? with a motion. If you miss a deadline, your case can be dismissed. DALA continuances will be granted only for good cause.
On a motion for a new trial, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.
A Motion for Reconsideration shall be based on (1) newly discovered evidence that could not be discovered through the exercise of due diligence before the original motion was filed; (2) a change of relevant law; or (3) a particular and demonstrable error in the original ruling or decision.
