Rhode Island 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. Rhode Island Sample Letter for Motion for Auditor or New Trial and Prejudgment Interest [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judge's Name] Rhode Island Superior Court [Court Address] [City, State, ZIP] Re: Motion for Auditor or New Trial and Prejudgment Interest in [Case Number] Dear [Judge's Last Name], I hope this letter finds you well. I am writing as counsel for the plaintiff in the above-mentioned case and would like to request a Motion for Auditor or New Trial and Prejudgment Interest. I believe the following points substantiate my request, and I respectfully urge the Court to consider the merits of this motion: 1. Grounds for Auditor: a. Insufficient Damages Awarded: The jury's verdict failed to adequately compensate the plaintiff for the injuries suffered as a result of the defendant's actions. The damages awarded do not reflect the true extent of the physical, emotional, and financial hardships endured by the plaintiff. b. Failure to Consider Future Damages: The awarded damages neglected to account for potential future medical expenses, rehabilitation costs, loss of earning capacity, or other long-term consequences caused by the defendant's actions. Additional compensation is necessary to provide just and fair relief to the plaintiff. c. Comparative Analysis: It is crucial to compare the awarded amount to similar cases with comparable injuries and circumstances. This will demonstrate that the amount awarded in this case falls significantly below reasonable compensation standards. 2. Grounds for New Trial: a. Misconduct or Bias: There is reasonable belief that the jury acted with misconduct, bias, or prejudiced motives during the trial, resulting in an unfair verdict. Sufficient evidence and testimonies support this assertion. b. Erroneous Jury Instructions: The Court's instructions to the jury during the trial inaccurately communicated the legal principles that should have guided their decision-making process. This error resulted in an incorrect verdict. c. Newly Discovered Evidence: New evidence has come to light post-trial, which was previously unknown and could not have been discovered with due diligence before the verdict. This evidence is material to the case and could potentially alter the outcome if presented in a new trial. 3. Prejudgment Interest: a. Applicable Law: Under Rhode Island law (cite relevant statute, if any), prejudgment interest is allowed on damages in personal injury cases to ensure just compensation for the injured party. b. Calculation of Prejudgment Interest: The plaintiff respectfully requests the Court to award reasonable prejudgment interest calculated from the date the cause of action arose until the date of the final judgment, based on the prevailing statutory rate. I have attached relevant supporting documents, including affidavits and expert opinions, which further elaborate on the above grounds and substantiate the necessity for a Motion for Auditor or New Trial and Prejudgment Interest. Thank you for your attention to this matter. I request a hearing at the earliest possible convenience to present arguments in person and provide any additional documentation as required. I trust that the Court will carefully evaluate this motion and deliver a just resolution. Yours sincerely, [Your Name] [Your Law Firm Name] [Your Law Firm Address] [City, State, ZIP] [Email Address] [Phone Number] Attachments: [List of attached documents]

Rhode Island Sample Letter for Motion for Auditor or New Trial and Prejudgment Interest [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judge's Name] Rhode Island Superior Court [Court Address] [City, State, ZIP] Re: Motion for Auditor or New Trial and Prejudgment Interest in [Case Number] Dear [Judge's Last Name], I hope this letter finds you well. I am writing as counsel for the plaintiff in the above-mentioned case and would like to request a Motion for Auditor or New Trial and Prejudgment Interest. I believe the following points substantiate my request, and I respectfully urge the Court to consider the merits of this motion: 1. Grounds for Auditor: a. Insufficient Damages Awarded: The jury's verdict failed to adequately compensate the plaintiff for the injuries suffered as a result of the defendant's actions. The damages awarded do not reflect the true extent of the physical, emotional, and financial hardships endured by the plaintiff. b. Failure to Consider Future Damages: The awarded damages neglected to account for potential future medical expenses, rehabilitation costs, loss of earning capacity, or other long-term consequences caused by the defendant's actions. Additional compensation is necessary to provide just and fair relief to the plaintiff. c. Comparative Analysis: It is crucial to compare the awarded amount to similar cases with comparable injuries and circumstances. This will demonstrate that the amount awarded in this case falls significantly below reasonable compensation standards. 2. Grounds for New Trial: a. Misconduct or Bias: There is reasonable belief that the jury acted with misconduct, bias, or prejudiced motives during the trial, resulting in an unfair verdict. Sufficient evidence and testimonies support this assertion. b. Erroneous Jury Instructions: The Court's instructions to the jury during the trial inaccurately communicated the legal principles that should have guided their decision-making process. This error resulted in an incorrect verdict. c. Newly Discovered Evidence: New evidence has come to light post-trial, which was previously unknown and could not have been discovered with due diligence before the verdict. This evidence is material to the case and could potentially alter the outcome if presented in a new trial. 3. Prejudgment Interest: a. Applicable Law: Under Rhode Island law (cite relevant statute, if any), prejudgment interest is allowed on damages in personal injury cases to ensure just compensation for the injured party. b. Calculation of Prejudgment Interest: The plaintiff respectfully requests the Court to award reasonable prejudgment interest calculated from the date the cause of action arose until the date of the final judgment, based on the prevailing statutory rate. I have attached relevant supporting documents, including affidavits and expert opinions, which further elaborate on the above grounds and substantiate the necessity for a Motion for Auditor or New Trial and Prejudgment Interest. Thank you for your attention to this matter. I request a hearing at the earliest possible convenience to present arguments in person and provide any additional documentation as required. I trust that the Court will carefully evaluate this motion and deliver a just resolution. Yours sincerely, [Your Name] [Your Law Firm Name] [Your Law Firm Address] [City, State, ZIP] [Email Address] [Phone Number] Attachments: [List of attached documents]