Subject: Pennsylvania Sample Letter for Motion for Auditor or New Trial and Prejudgment Interest Dear [Recipient's Name], I hope this letter finds you in good health and high spirits. As the legal representative for [Plaintiff's Name], I am writing to request a motion for auditor or a new trial and prejudgment interest in the case of [Case Name/Number] that was recently concluded in [Court Name] on behalf of our client. Firstly, I would like to express our appreciation for the time and attention that was devoted to this case. However, upon reviewing the verdict and considering the evidence presented during the trial, we believe that an unjust and inadequate compensation has been awarded to our client. Therefore, we respectfully request your assistance in reconsidering the verdict and taking the following actions: 1. Motion for Auditor: We kindly request that you review the evidence presented during the trial and reassess the awarded damages. Our argument is based on the strong belief that the compensation awarded does not accurately reflect the extent of harm suffered by our client. We firmly believe that an auditor is necessary to ensure justice is served and our client receives fair compensation for their physical, emotional, and financial losses resulting from the incident. 2. Motion for New Trial: In the event that the court determines that an auditor is not appropriate, we respectfully request a new trial. We firmly believe that certain factors during the previous trial may have influenced the judgment unfavorably, leading to an inadequate verdict. A new trial would provide an opportunity to present additional evidence, re-examine testimonies, and ensure a fair and just verdict is reached. 3. Prejudgment Interest: Considering the prolonged duration of this case and the financial hardships endured by our client during that period, we would also like to request an award of prejudgment interest. As per Pennsylvania law, prejudgment interest represents the compensation for the time that our client was deprived of the use of their rightful funds until the settlement was reached or the judgment was rendered. This interest would help alleviate the financial burden our client faced during this lengthy legal process. In conclusion, we firmly believe that our client has endured significant physical, emotional, and financial distress as a result of the incident in question. We kindly request your support in reviewing the adequacy of the compensation awarded, either through a motion for auditor or a new trial, and consider the application of prejudgment interest to ensure a fair and just outcome. We appreciate your attention to this matter and kindly request your prompt response. If there are any further documents or information required from our end, please let us know, and we will promptly provide them. Thank you for your understanding and assistance in this regard. Sincerely, [Your Name] [Your Law Firm] [Contact Information]
Pennsylvania Sample Letter for Motion for Additur or New Trial and Prejudgment Interest
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(c) Posttrial motions shall be filed within ten days after (1) verdict, discharge of the jury because of inability to agree, or nonsuit in the case of a jury trial; or (2) notice of nonsuit or the filing of the decision in the case of a trial without jury.
Rule 227.1 - Post-Trial Relief (a) After trial and upon the written Motion for Post-Trial Relief filed by any party, the court may (1) order a new trial as to all or any of the issues; or (2) direct the entry of judgment in favor of any party; or (3) remove a nonsuit; or (4) affirm, modify or change the decision; or (5 ...
(a) By motion, a party may request the court to reconsider any order that is final under Pa. R.A.P. 341(b) or 342, or interlocutory orders subject to immediate appeal under Pa. R.A.P.
A court may order an additur if the jury's verdict manifestly awarded too little compensation. What kind of evidence must be used to support a motion for summary judgment? 43. A summary judgment must be supported by evidence in documentary form, and the evidence must be of a type that would be received at trial.
Rule 227 - Exceptions (a) It shall not be necessary on the trial of any action or proceeding to take exception to any ruling of the trial judge.
Demand. Waiver. (a) In any action in which the right to jury trial exists, that right shall be deemed waived unless a party files and serves a written demand for a jury trial not later than twenty days after service of the last permissible pleading.
Rule 1034 - Motion for Judgment on the Pleadings (a) After the relevant pleadings are closed, but within such time as not to unreasonably delay the trial, any party may move for judgment on the pleadings.
Code § 587 - Motion for Dismissal. (a) Untimely Filing of Information. (1) Upon motion and a showing that an information has not been filed within a reasonable time, the court may order dismissal of the prosecution, or in lieu thereof, make such other order as shall be appropriate in the interests of justice.
