Michigan 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. Title: Michigan Sample Letter for Motion for Auditor or New Trial and Prejudgment Interest Introduction: In the state of Michigan, when a party is dissatisfied with the amount of damages awarded by the jury or judge in a civil case, they have the option to file a Motion for Auditor or New Trial. This legal document is a formal request submitted to the court, seeking either an increase in the awarded damages (auditor) or a complete retrial of the case (new trial). Additionally, if a judgment has been entered, parties may also include a request for Prejudgment Interest. This article will provide a detailed description of what these motions entail, their purpose, and how to draft a sample letter for such motions in a Michigan court. 1. Motion for Auditor: A Motion for Auditor is filed by a party seeking to increase the damages awarded by the court. This motion argues that the awarded amount is inadequate, considering the facts and evidence presented during the trial. The key objective of this motion is to convince the court that the awarded damages should be higher to adequately compensate the injured party for their losses. 2. Motion for New Trial: A Motion for New Trial is filed by a dissatisfied party who believes that errors or mistakes occurred during the trial, which may have affected the outcome. The purpose of this motion is to request the court to set aside the previous judgment and order a completely new trial. The grounds for a new trial can vary, including procedural errors, newly discovered evidence, or prejudicial misconduct. 3. Prejudgment Interest: Prejudgment Interest is any added interest on the awarded damages that accrues from the date of the incident or event until the entry of judgment. It aims to compensate the plaintiff for the loss of use and value of the money they should have received during the pendency of the lawsuit. The inclusion of Prejudgment Interest within the motion adds an aspect of compensation and is subject to the court's discretion. Sample Letter for Motion for Auditor or New Trial and Prejudgment Interest [Your Name] [Your Address] [City, State, Zip Code] [Date] [Judge's Name] [Judge's Designation] [Name of the Court] [Court's Address] [City, State, Zip Code] Re: Case Name and Number Dear Honorable [Judge's Last Name], I am writing to respectfully request a Motion for Auditor or New Trial, along with Prejudgment Interest, in the above-mentioned case. Following the jury's verdict rendered on [date], I believe that the awarded damages are inadequate to adequately compensate my client [Plaintiff's Name] for the losses suffered due to [briefly mention the nature of the case — personal injury, breach of contract, etc.]. [In this section, provide a detailed explanation of the legal and factual grounds that support your motion, such as pointing out errors in the judgment, inadequacy of damages, newly discovered evidence, or misconduct during trial.] It is my contention that the court's original decision fails to fully consider the substantial damages and the impact of the incident on my client's life. Moreover, the awarded damages do not reflect the clear and convincing evidence presented throughout the trial, which validates our request for an increase in the amount awarded. In light of the circumstances, I am requesting the court to exercise its discretion and issue an order for auditor or, in the alternative, grant a new trial. Additionally, I would like to request the court's consideration to include prejudgment interest on the awarded damages. This is important to rightfully compensate my client for the period between the incident and the entry of judgment, reflecting the financial impact caused by the delay in receiving compensation. Please find attached all relevant documentation, including a copy of the jury's verdict, the trial transcripts, and any additional evidence that supports our motion. If necessary, I am willing to attend a hearing to present further arguments and respond to any inquiries from the court. Thank you for your attention to this matter. I trust in the court's commitment to fairness and justice. Sincerely, [Your Name] [Your Designation] [Your Contact Information]

Title: Michigan Sample Letter for Motion for Auditor or New Trial and Prejudgment Interest Introduction: In the state of Michigan, when a party is dissatisfied with the amount of damages awarded by the jury or judge in a civil case, they have the option to file a Motion for Auditor or New Trial. This legal document is a formal request submitted to the court, seeking either an increase in the awarded damages (auditor) or a complete retrial of the case (new trial). Additionally, if a judgment has been entered, parties may also include a request for Prejudgment Interest. This article will provide a detailed description of what these motions entail, their purpose, and how to draft a sample letter for such motions in a Michigan court. 1. Motion for Auditor: A Motion for Auditor is filed by a party seeking to increase the damages awarded by the court. This motion argues that the awarded amount is inadequate, considering the facts and evidence presented during the trial. The key objective of this motion is to convince the court that the awarded damages should be higher to adequately compensate the injured party for their losses. 2. Motion for New Trial: A Motion for New Trial is filed by a dissatisfied party who believes that errors or mistakes occurred during the trial, which may have affected the outcome. The purpose of this motion is to request the court to set aside the previous judgment and order a completely new trial. The grounds for a new trial can vary, including procedural errors, newly discovered evidence, or prejudicial misconduct. 3. Prejudgment Interest: Prejudgment Interest is any added interest on the awarded damages that accrues from the date of the incident or event until the entry of judgment. It aims to compensate the plaintiff for the loss of use and value of the money they should have received during the pendency of the lawsuit. The inclusion of Prejudgment Interest within the motion adds an aspect of compensation and is subject to the court's discretion. Sample Letter for Motion for Auditor or New Trial and Prejudgment Interest [Your Name] [Your Address] [City, State, Zip Code] [Date] [Judge's Name] [Judge's Designation] [Name of the Court] [Court's Address] [City, State, Zip Code] Re: Case Name and Number Dear Honorable [Judge's Last Name], I am writing to respectfully request a Motion for Auditor or New Trial, along with Prejudgment Interest, in the above-mentioned case. Following the jury's verdict rendered on [date], I believe that the awarded damages are inadequate to adequately compensate my client [Plaintiff's Name] for the losses suffered due to [briefly mention the nature of the case — personal injury, breach of contract, etc.]. [In this section, provide a detailed explanation of the legal and factual grounds that support your motion, such as pointing out errors in the judgment, inadequacy of damages, newly discovered evidence, or misconduct during trial.] It is my contention that the court's original decision fails to fully consider the substantial damages and the impact of the incident on my client's life. Moreover, the awarded damages do not reflect the clear and convincing evidence presented throughout the trial, which validates our request for an increase in the amount awarded. In light of the circumstances, I am requesting the court to exercise its discretion and issue an order for auditor or, in the alternative, grant a new trial. Additionally, I would like to request the court's consideration to include prejudgment interest on the awarded damages. This is important to rightfully compensate my client for the period between the incident and the entry of judgment, reflecting the financial impact caused by the delay in receiving compensation. Please find attached all relevant documentation, including a copy of the jury's verdict, the trial transcripts, and any additional evidence that supports our motion. If necessary, I am willing to attend a hearing to present further arguments and respond to any inquiries from the court. Thank you for your attention to this matter. I trust in the court's commitment to fairness and justice. Sincerely, [Your Name] [Your Designation] [Your Contact Information]