South Dakota 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. [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Court Name] [Court's Address] [City, State, ZIP] Re: Motion for Auditor or New Trial and Prejudgment Interest Dear Judge [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing to bring to your attention a matter of utmost importance pertaining to the case [Case Name], docket number [Docket Number], currently before your esteemed court. I am the plaintiff in this case and would like to present a Motion for Auditor or New Trial and Prejudgment Interest, as explained below. 1. Introduction: South Dakota Sample Letter for Motion for Auditor or New Trial and Prejudgment Interest represents the legal document that seeks to request an adjustment in the awarded damages or alternatively a new trial alongside seeking an award of prejudgment interest in a civil case. 2. Auditor: Auditor refers to the request for an increase in the awarded damages by the court to adequately compensate the plaintiff for the losses endured due to the defendant's misconduct. In the present case, after carefully evaluating the existing evidence and considering the applicable law, I believe that the damages awarded in the final judgment are insufficient to compensate me for the extensive physical, emotional, and financial harm I have suffered. 2.1 Grounds for Auditor: [List the specific grounds that warrant an increase in the damages awarded, such as the severity of the injuries, medical bills, lost wages, pain and suffering, loss of companionship, etc.] 2.2 Legal Precedents: [Mention relevant legal precedents from South Dakota or other jurisdictions that support your claim for auditor.] 3. New Trial: In the alternative, I am requesting a new trial to rectify any possible errors made during the previous trial, prejudicial misconduct, or any other factors that may have affected the fairness or justness of the verdict rendered. 3.1 Error of Law or Procedure: [Identify specific legal errors or procedural irregularities that justify the request for a new trial.] 3.2 Newly Discovered Evidence: [If applicable, state the newly discovered evidence that would necessitate a new trial.] 4. Prejudgment Interest: Further, as part of this motion, I also seek an award of prejudgment interest. The prevailing law in South Dakota allows for the recovery of prejudgment interest to ensure that the plaintiff is adequately compensated for the duration of time between the date of the incident or accrual of damages and the final judgment. 4.1 Calculation of Prejudgment Interest: [Describe how the prejudgment interest is calculated, considering the applicable interest rate and the specific time period.] 4.2 Legal Authority for Prejudgment Interest: [Cite relevant South Dakota statutes or case law that support the award of prejudgment interest in similar cases.] 5. Conclusion: In light of the foregoing, I respectfully request this Honorable Court to grant my Motion for Auditor or, in the alternative, a New Trial, alongside awarding me the proper prejudgment interest. I believe that the requested remedies are fair, just, and in accordance with the applicable law. Thank you for your attention to this matter. I trust that justice will prevail, and I respectfully look forward to your ruling on this important motion. Sincerely, [Your Name]

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Court Name] [Court's Address] [City, State, ZIP] Re: Motion for Auditor or New Trial and Prejudgment Interest Dear Judge [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing to bring to your attention a matter of utmost importance pertaining to the case [Case Name], docket number [Docket Number], currently before your esteemed court. I am the plaintiff in this case and would like to present a Motion for Auditor or New Trial and Prejudgment Interest, as explained below. 1. Introduction: South Dakota Sample Letter for Motion for Auditor or New Trial and Prejudgment Interest represents the legal document that seeks to request an adjustment in the awarded damages or alternatively a new trial alongside seeking an award of prejudgment interest in a civil case. 2. Auditor: Auditor refers to the request for an increase in the awarded damages by the court to adequately compensate the plaintiff for the losses endured due to the defendant's misconduct. In the present case, after carefully evaluating the existing evidence and considering the applicable law, I believe that the damages awarded in the final judgment are insufficient to compensate me for the extensive physical, emotional, and financial harm I have suffered. 2.1 Grounds for Auditor: [List the specific grounds that warrant an increase in the damages awarded, such as the severity of the injuries, medical bills, lost wages, pain and suffering, loss of companionship, etc.] 2.2 Legal Precedents: [Mention relevant legal precedents from South Dakota or other jurisdictions that support your claim for auditor.] 3. New Trial: In the alternative, I am requesting a new trial to rectify any possible errors made during the previous trial, prejudicial misconduct, or any other factors that may have affected the fairness or justness of the verdict rendered. 3.1 Error of Law or Procedure: [Identify specific legal errors or procedural irregularities that justify the request for a new trial.] 3.2 Newly Discovered Evidence: [If applicable, state the newly discovered evidence that would necessitate a new trial.] 4. Prejudgment Interest: Further, as part of this motion, I also seek an award of prejudgment interest. The prevailing law in South Dakota allows for the recovery of prejudgment interest to ensure that the plaintiff is adequately compensated for the duration of time between the date of the incident or accrual of damages and the final judgment. 4.1 Calculation of Prejudgment Interest: [Describe how the prejudgment interest is calculated, considering the applicable interest rate and the specific time period.] 4.2 Legal Authority for Prejudgment Interest: [Cite relevant South Dakota statutes or case law that support the award of prejudgment interest in similar cases.] 5. Conclusion: In light of the foregoing, I respectfully request this Honorable Court to grant my Motion for Auditor or, in the alternative, a New Trial, alongside awarding me the proper prejudgment interest. I believe that the requested remedies are fair, just, and in accordance with the applicable law. Thank you for your attention to this matter. I trust that justice will prevail, and I respectfully look forward to your ruling on this important motion. Sincerely, [Your Name]