Utah Motion for Interest on an Affirmed Judgment of a Federal District Court

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US-03268BG
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28 U.S.C.A. § 1961 provides in part that interest shall be allowed on any money judgment in a civil case recovered in a district court. Such interest would continue to accrue throughout an appeal that was later affirmed.

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FAQ

A party may obtain a stay of the enforcement of a judgment or order to pay money by providing a bond or other security, unless a stay is otherwise prohibited by law or these rules.

Rule 59(e) authorizes a motion to alter or amend a judgment. A Rule 59(e) motion must be filed no later than 28 days after the entry of the judgment. This is a strict time limit, and the court has no authority to grant more time.

Rule 59 - Material Witnesses (a) When the court has good cause to believe that any material witness in a case will not appear and testify unless bond is required, the court may fix a bond with or without sureties, and in a sum the court considers adequate, for the appearance of the witness.

No later than 28 days after entry of the judgment the court, on its own, may order a new trial for any reason that would justify a new trial on motion of a party. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion.

HOW TO CALCULATE POST JUDGMENT INTEREST Take your judgment amount and multiply it by your post judgment rate (%). Take the total and divide it by 365 (the number of days in a year). You will end up with the amount of post judgment interest per day.

A party seeking to recover upon a claim, counterclaim or cross-claim or to obtain a declaratory judgment may move for summary judgment at any time after service of a motion for summary judgment by the adverse party or after 21 days from the commencement of the action.

Rule 50(b) allows the court to reserve decision on the question of law until after the case has been submitted to the jury and it has reached a verdict or is unable to agree. If the court decides the initial motion should have been granted, it may set aside the verdict of the jury and enter judgment as a matter of law.

Utah Rule Civil Procedure 56 - Summary Judgment In order to support a motion for summary judgment under Utah law, the party making the motion must demonstrate that there are sufficient undisputed facts to establish that a judgment as a matter of law is appropriate.

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Utah Motion for Interest on an Affirmed Judgment of a Federal District Court