Nebraska 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. Sample Letter for Motion for Auditor or New Trial and Prejudgment Interest in Nebraska [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Court's Name] [Court's Address] [City, State, ZIP] Re: Case No: [Insert Case Number] Plaintiff: [Plaintiff's Name] Defendant: [Defendant's Name] Dear Honorable [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing to request your consideration for a Motion for Auditor or New Trial and Prejudgment Interest regarding the above-mentioned case. [Provide a brief introduction to the case, including the nature of the dispute, parties involved, and relevant facts.] I. Motion for Auditor: 1. Auditor Defined: In Nebraska, an Auditor is a legal remedy available to the plaintiff when a jury's verdict is considered inadequate based on the evidence and damages presented during the trial. 2. Grounds for Auditor: After a careful review of the trial proceedings and the jury's verdict, it is evident that the amount awarded does not adequately compensate the plaintiff for their losses, including medical expenses, pain and suffering, lost wages, and other damages. 3. Inadequate Verdict Explanation: [Present a detailed analysis explaining why the jury verdict is insufficient, citing specific evidence, jury instructions, and legal precedents.] 4. Requested Monetary Adjustment: We request the Court to increase the previous jury award to an appropriate and just amount that reasonably reflects the damages incurred by the plaintiff. II. Motion for New Trial: 1. New Trial Grounds: In the interest of justice and a fair resolution, we assert that a new trial should be considered based on the following grounds: a. Error in Jury Instructions: [Provide specific instances of erroneous jury instructions or misinterpretation of the law, emphasizing their impact on the outcome of the case.] b. Misconduct or Bias: [If applicable, present any evidence of juror misconduct or instances of bias that potentially influenced the verdict.] c. Newly Discovered Evidence: [If any newly discovered evidence has emerged after the trial, explain its relevance and how it could have affected the outcome.] 2. Request for New Trial: We respectfully request the Court to grant a new trial to ensure justice is served and that the truth can be fully revealed, giving both parties a fair opportunity to present their case. III. Prejudgment Interest: 1. Definition and Applicability: In Nebraska, prejudgment interest refers to the interest on a sum of money awarded by a court, starting from the date the cause of action arose until the date of judgment. It aims to compensate the plaintiff for the loss of the use of money during the litigation period. 2. Supporting Prejudgment Interest Calculation: We have included a calculation sheet demonstrating the principal amount, the appropriate interest rate, and the duration for which the interest is claimed. 3. Request for Prejudgment Interest Award: We respectfully request the Court to award prejudgment interest, as provided by Nebraska law, to compensate the plaintiff for the financial losses resulting from the defendant's actions. Please consider our Motion for Auditor or New Trial and Prejudgment Interest carefully, as we believe it is crucial to achieve justice for our client. In accordance with the court's procedures, we have enclosed a copy of this letter, along with relevant supporting documents, for the defendant and their legal representation. Thank you for your attention to this matter. We trust your wisdom and impartiality in considering our request for a just resolution. We remain at your service for any further information or clarification needed. Respectfully, [Your Name] [Your Title/Position] [Your Law Firm's Name]

Sample Letter for Motion for Auditor or New Trial and Prejudgment Interest in Nebraska [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Court's Name] [Court's Address] [City, State, ZIP] Re: Case No: [Insert Case Number] Plaintiff: [Plaintiff's Name] Defendant: [Defendant's Name] Dear Honorable [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing to request your consideration for a Motion for Auditor or New Trial and Prejudgment Interest regarding the above-mentioned case. [Provide a brief introduction to the case, including the nature of the dispute, parties involved, and relevant facts.] I. Motion for Auditor: 1. Auditor Defined: In Nebraska, an Auditor is a legal remedy available to the plaintiff when a jury's verdict is considered inadequate based on the evidence and damages presented during the trial. 2. Grounds for Auditor: After a careful review of the trial proceedings and the jury's verdict, it is evident that the amount awarded does not adequately compensate the plaintiff for their losses, including medical expenses, pain and suffering, lost wages, and other damages. 3. Inadequate Verdict Explanation: [Present a detailed analysis explaining why the jury verdict is insufficient, citing specific evidence, jury instructions, and legal precedents.] 4. Requested Monetary Adjustment: We request the Court to increase the previous jury award to an appropriate and just amount that reasonably reflects the damages incurred by the plaintiff. II. Motion for New Trial: 1. New Trial Grounds: In the interest of justice and a fair resolution, we assert that a new trial should be considered based on the following grounds: a. Error in Jury Instructions: [Provide specific instances of erroneous jury instructions or misinterpretation of the law, emphasizing their impact on the outcome of the case.] b. Misconduct or Bias: [If applicable, present any evidence of juror misconduct or instances of bias that potentially influenced the verdict.] c. Newly Discovered Evidence: [If any newly discovered evidence has emerged after the trial, explain its relevance and how it could have affected the outcome.] 2. Request for New Trial: We respectfully request the Court to grant a new trial to ensure justice is served and that the truth can be fully revealed, giving both parties a fair opportunity to present their case. III. Prejudgment Interest: 1. Definition and Applicability: In Nebraska, prejudgment interest refers to the interest on a sum of money awarded by a court, starting from the date the cause of action arose until the date of judgment. It aims to compensate the plaintiff for the loss of the use of money during the litigation period. 2. Supporting Prejudgment Interest Calculation: We have included a calculation sheet demonstrating the principal amount, the appropriate interest rate, and the duration for which the interest is claimed. 3. Request for Prejudgment Interest Award: We respectfully request the Court to award prejudgment interest, as provided by Nebraska law, to compensate the plaintiff for the financial losses resulting from the defendant's actions. Please consider our Motion for Auditor or New Trial and Prejudgment Interest carefully, as we believe it is crucial to achieve justice for our client. In accordance with the court's procedures, we have enclosed a copy of this letter, along with relevant supporting documents, for the defendant and their legal representation. Thank you for your attention to this matter. We trust your wisdom and impartiality in considering our request for a just resolution. We remain at your service for any further information or clarification needed. Respectfully, [Your Name] [Your Title/Position] [Your Law Firm's Name]