Texas 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. Title: Texas Sample Letter for Motion for Auditor or New Trial and Prejudgment Interest Introduction: In Texas, when a court verdict falls below what is deemed just or fair, a motion for auditor or new trial can be filed. This sample letter provides guidance and structure for crafting such a motion, along with addressing the issue of prejudgment interest. Keywords: Texas, sample letter, motion for auditor, motion for new trial, prejudgment interest Sample Letter for Motion for Auditor or New Trial and Prejudgment Interest: [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] Honorable [Judge's Full Name] [Judge's Designation] [Name of the Court] [Address of the Court] [City, State, ZIP] Re: [Case Name and Number] Dear Judge [Judge's Last Name], I am writing this motion for auditor or new trial, addressing the recent verdict in the above-mentioned case. The jury's decision, rendered on [Date], falls significantly short of what is fair and just based on the evidence presented, legal arguments, and applicable law. This, in addition to the prejudgment interest, necessitates a remedy to rectify the situation. Reasons for Motion for Auditor or New Trial: 1. Insufficient Damages Awarded: The verdict rendered by the jury fails to adequately compensate the [plaintiff/claimant] for the damages sustained as a result of the [briefly describe the incident]. The evidence presented during the trial strongly supported a higher damages award to fairly compensate for both economic and non-economic losses. 2. Discrepancy with Precedent Cases: The damages awarded in this case are remarkably lower in comparison to similar cases decided by Texas courts. This inconsistency raises concerns about the demonstrable disparity in applying legal standards and guidelines appropriately. 3. Errors or Misconduct During the Trial: During the course of the trial, certain errors or instances of misconduct occurred that may have had an adverse impact on the fairness of the proceedings. [Provide specific details of any errors or misconduct committed during the trial, such as evidentiary issues, improper remarks, or irregularities that affected the outcome.] 4. Legal Grounds for Mistrial: [If applicable, present any legal grounds to support a motion for a new trial, such as newly discovered evidence, prejudicial jury instructions, or misconduct by opposing counsel.] Request for Auditor: Considering the reasons stated above, we respectfully request this honorable court to exercise its authority and either grant an auditor, where the existing damages award is increased to a fair and just amount, as per the evidence presented, or alternatively, order a new trial to ensure that justice is appropriately served. Prejudgment Interest: In the event that a new trial is granted or the damages award is increased, we also request that prejudgment interest be awarded from the date the cause of action accrued until the final judgment is entered, as allowed by Texas law (Tex. Fin. Code Ann. § 304.003). Conclusion: The undersigned requests this honorable court's thoughtful consideration of this motion for auditor or new trial, along with the granting of prejudgment interest. We firmly believe that a just and appropriate resolution can only be achieved through your esteemed intervention. Thank you for your attention to this matter. We remain at your disposal for any clarifications or additional information necessary. Respectfully, [Your Name] [Your Attorney's Bar Number (if applicable)] [Law Firm Name (if applicable)] [Address] [City, State, ZIP] [Email Address] [Phone Number]

Title: Texas Sample Letter for Motion for Auditor or New Trial and Prejudgment Interest Introduction: In Texas, when a court verdict falls below what is deemed just or fair, a motion for auditor or new trial can be filed. This sample letter provides guidance and structure for crafting such a motion, along with addressing the issue of prejudgment interest. Keywords: Texas, sample letter, motion for auditor, motion for new trial, prejudgment interest Sample Letter for Motion for Auditor or New Trial and Prejudgment Interest: [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] Honorable [Judge's Full Name] [Judge's Designation] [Name of the Court] [Address of the Court] [City, State, ZIP] Re: [Case Name and Number] Dear Judge [Judge's Last Name], I am writing this motion for auditor or new trial, addressing the recent verdict in the above-mentioned case. The jury's decision, rendered on [Date], falls significantly short of what is fair and just based on the evidence presented, legal arguments, and applicable law. This, in addition to the prejudgment interest, necessitates a remedy to rectify the situation. Reasons for Motion for Auditor or New Trial: 1. Insufficient Damages Awarded: The verdict rendered by the jury fails to adequately compensate the [plaintiff/claimant] for the damages sustained as a result of the [briefly describe the incident]. The evidence presented during the trial strongly supported a higher damages award to fairly compensate for both economic and non-economic losses. 2. Discrepancy with Precedent Cases: The damages awarded in this case are remarkably lower in comparison to similar cases decided by Texas courts. This inconsistency raises concerns about the demonstrable disparity in applying legal standards and guidelines appropriately. 3. Errors or Misconduct During the Trial: During the course of the trial, certain errors or instances of misconduct occurred that may have had an adverse impact on the fairness of the proceedings. [Provide specific details of any errors or misconduct committed during the trial, such as evidentiary issues, improper remarks, or irregularities that affected the outcome.] 4. Legal Grounds for Mistrial: [If applicable, present any legal grounds to support a motion for a new trial, such as newly discovered evidence, prejudicial jury instructions, or misconduct by opposing counsel.] Request for Auditor: Considering the reasons stated above, we respectfully request this honorable court to exercise its authority and either grant an auditor, where the existing damages award is increased to a fair and just amount, as per the evidence presented, or alternatively, order a new trial to ensure that justice is appropriately served. Prejudgment Interest: In the event that a new trial is granted or the damages award is increased, we also request that prejudgment interest be awarded from the date the cause of action accrued until the final judgment is entered, as allowed by Texas law (Tex. Fin. Code Ann. § 304.003). Conclusion: The undersigned requests this honorable court's thoughtful consideration of this motion for auditor or new trial, along with the granting of prejudgment interest. We firmly believe that a just and appropriate resolution can only be achieved through your esteemed intervention. Thank you for your attention to this matter. We remain at your disposal for any clarifications or additional information necessary. Respectfully, [Your Name] [Your Attorney's Bar Number (if applicable)] [Law Firm Name (if applicable)] [Address] [City, State, ZIP] [Email Address] [Phone Number]