Tennessee Response to Plaintiff's Motion for Additur or New Trial

State:
Multi-State
Control #:
US-PI-0062
Format:
Word; 
Rich Text
Instant download

Description

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.
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FAQ

VI. TRIAL. (a) Unanimity. The jury's verdict shall be unanimous.

In a criminal jury trial in the State of Tennessee, 12 jurors are tasked with determining a verdict. Under Tennessee law, a trial judge has a duty to act as the 13th juror, not to deliberate with the jury on the case, but to provide an independent layer of review in assessing the weight of the evidence.

People who are non-citizens, under eighteen or have a permanent medical condition. Those who wish to be excused for a medical condition must provide a letter from their doctor. People who have pled guilty or been convicted of any felony offense, perjury or subornation of perjury are also exempt.

The relief of ?additur? is not available in federal courts and many states. In a federal court, for instance, if the judge considers the jury award to be inadequate, he/she could order a new trial. But, a federal judge cannot increase the jury award of damages ? with or without defendant's consent.

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.

The concept of a "thirteenth juror" refers to a disinterested party who will evaluate the behavior and continued impartiality of the jury to ensure that justice is ultimately upheld.

These varies depending on the counter, however, once you have served your dutiful time, you will not be summoned for Tennessee jury duty for at least 24 months. Do keep in mind that some cases could run on for an extended period of time; this is on a case-by-case basis. What can I Expect When I Report for Jury Duty?

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.

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Tennessee Response to Plaintiff's Motion for Additur or New Trial