This form is used by the defendant to respond to plaintiff's motion for additur or new trial in which the defendant argues that the jury verdict should not be modified and that the plaintiff should not be awarded a new trial.
Oregon Response to Plaintiff's Motion for Additur or New Trial
State:
Multi-State
Control #:
US-PI-0062
Format:
Word;
Rich Text
Instant download
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How to fill out Response To Plaintiff's Motion For Additur Or New Trial?
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FAQ
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.
If a jury verdict does not satisfy one of the involved parties, that party can file a motion to either increase (additur) or decrease (remittitur) the amount awarded. Filing a motion for additur means to make a request to the trial courts to increase the amount a jury awarded a plaintiff.
Additur and remittitur ensure the justness of a judgment award while conserving valuable court resources. Rather than starting a case over with a new trial, additur and remittitur allow the courts to rectify an excessively high or low jury verdict while saving time and money.
Latin for ?to send back, to remit.? The purpose of remittitur is to give a trial court the ability, with the plaintiff's consent, to correct an inequitable damage award or verdict without having to order a new trial.
A ?remittitur? is the ?process by which a court requires either that the case be retried, or that the damages awarded by the jury be reduced.? Black's Law Dictionary (11th ed. 2019) It is a procedural device defense lawyers use when they lose at trial.
Remittitur is the last step in the appeal process. Who is responsible? The Court of Appeal automatically issues a remittitur and sends notice to all parties in the case. The parties do not need to apply for a remittitur or request a copy from the court.
Ideally, a judge only grants a motion of remittitur when they believe the amount of a jury award to be so excessive as to be a gross miscarriage of justice. Unlike additur, which is allowed only in state courts where the 7th amendment doesn't apply, a motion for remittitur is allowed in federal court cases.
Additur also refers to the ability of the trial court to increase the total amount of the damages that have been awarded if they are deemed to be inadequate. However, an increase in the total amount of damages awarded to a plaintiff will only be made as a condition of a denial of a new trial.