Subject: New Jersey Sample Letter for Motion for Auditor or New Trial and Prejudgment Interest Content: [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP] Re: Motion for Auditor or New Trial and Prejudgment Interest — [Case Name, Case Number] Dear [Recipient's Name], I hope this letter finds you in good health and high spirits. I am writing to bring forth a motion for auditor or alternatively, a motion for a new trial and seek a fair amount of prejudgment interest in regard to the aforementioned case. The purpose of this letter is to provide a detailed description of the key elements that support our motion and explain the legal basis on which it relies. The primary objective of this motion is to ensure that my client is adequately compensated for the damages they suffered due to [briefly explain the nature of the case]. I. Background and Statement of Facts: Provide a concise yet comprehensive overview of the case, including the parties involved, their roles, and the incident leading to the lawsuit. Highlight relevant evidence and testimonies that support the need for auditor or a new trial. II. Legal Basis for the Motion: 1. Auditor: a. Explain that an auditor is a request to increase the amount of damages awarded by the court to ensure it aligns with the true extent of the harm suffered by my client. Provide legal references supporting this request. b. Cite and discuss similar cases where auditor was granted under similar circumstances, reinforcing its appropriateness in our present case. 2. New Trial: a. Detail the grounds for a new trial, such as jury misconduct, newly discovered evidence, or erroneous jury instructions. Reference specific incidents or legal arguments that warrant a retrial. b. Present case law examples highlighting instances where courts granted new trials in comparable situations, demonstrating the merit of our request for a second trial. III. Prejudgment Interest: Explain the necessity for the court to award prejudgment interest, as it compensates the prevailing party for the loss of use of money from the time the cause of action arose until the date of the judgment. Reference New Jersey law or relevant statutes regarding prejudgment interest, including specific rates, calculations, and legal basis for its application. IV. Relief Sought: Clearly state the specific relief we are seeking, such as: — Increasing the awarded damages through an auditor in the amount of [insert requested amount]. — Alternatively, granting a new trial based on the grounds discussed above. — Awarding prejudgment interest in accordance with New Jersey law. V. Conclusion: Summarize the main points of the motion and reaffirm the significance of granting auditor, a new trial, and prejudgment interest to ensure justice is served. Please find enclosed a copy of this letter, along with supporting documentation as exhibits. We kindly request that you file this motion with the court and serve copies to all relevant parties involved, as required by law. Thank you for your attention to this matter, and we look forward to a favorable response from the court. Yours sincerely, [Your Name]
New Jersey Sample Letter for Motion for Additur or New Trial and Prejudgment Interest
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FAQ
What is a Motion? A motion is the method used to speak to the judge about a matter in your case. For example, a motion may be brought to ask the court to set aside a default or vacate a default judgment, or it may be brought to ask the court to order a judgment to be paid in installments.
Examples of motions include: Motion to dismiss the complaint ? Motion for entry of default ? Motion to vacate a default judgment ? Motion for summary judgment ? Motion to strike an answer for failure to answer interrogatories ? Motion to compel discovery.
The trial judge on defendant's motion may grant the defendant a new trial if required in the interest of justice. If trial was by the judge without a jury, the judge may, on defendant's motion for a new trial, vacate the judgment if entered, take additional testimony and direct the entry of a new judgment.
General format - each motion generally consists of a case caption, a title that briefly identifies the relief sought, a series of numbered paragraphs that explains -- in a logical way -- why you are entitled to that relief, a prayer for relief, a signature block, a certification that a copy of the motion was sent to ...
Unless you have received a motion for summary judgment, you MUST respond to the moving papers at least 8 days before the return date listed on the Notice of Motion. A summary judgment motion requires that the response be filed at least 10 days before the return date.
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.
?Under New Jersey law, a court may award prejudgment interest in its discretion in ance with equitable principles, and the court's exercise of its discretion should not be disturbed on appeal unless it represents 'a manifest denial of justice.
The Court Rules require that a motion for reconsideration of a final order must be filed within 20 days after the Order has been served and must ?state with specificity the basis on which it is made, including a statement of the matters or controlling decisions which counsel believes the court has overlooked or as to ...
