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.
A Wisconsin Motion for Interest on an Affirmed Judgment of a Federal District Court is a legal document filed by the prevailing party in a federal court case in Wisconsin seeking to request the court to award interest on the judgment amount. When a federal district court judgment is affirmed on appeal, the prevailing party may file a motion to request additional interest on the judgment amount. This motion serves to compensate the prevailing party for the time it took to obtain fulfillment of the judgment, as well as the lost opportunity cost during that period. The Wisconsin Motion for Interest on an Affirmed Judgment of a Federal District Court typically includes the following key elements: 1. Caption: The motion starts with a caption indicating the title of the case, the court's name, and the case number. 2. Introduction: It begins with an introduction explaining the background of the case, reiterating that the judgment was affirmed on appeal and describing the need for additional interest. 3. Jurisdiction and Authority: The motion outlines the court's jurisdiction over the case and cites relevant federal and Wisconsin statutory authority that supports the granting of interest on an affirmed judgment. 4. Basis for Interest Calculation: The motion specifies the applicable interest rate and explains the chosen basis for calculating interest, such as compound interest or simple interest, depending on the case-specific factors. 5. Supporting Documentation: The motion is typically accompanied by supporting documents, including copies of the affirmed judgment, the appellate court's decision, and any relevant statutes or case law that substantiate the request for interest. 6. Calculation of Interest: The prevailing party must include a detailed calculation of the interest owed, specifying the period for which interest is claimed, any applicable interest rate changes, and the total interest amount requested. 7. Legal Argument: This section presents a persuasive legal argument providing reasons why the court should exercise its discretion and award interest. It may cite precedents, relevant Wisconsin statutes, or federal rules that support the motion. 8. Conclusion: The motion concludes by summarizing the key points raised and formally requesting the court to grant the motion for interest on the affirmed judgment. Some types of Wisconsin Motion for Interest on an Affirmed Judgment of a Federal District Court might include: 1. Motion for Prejudgment Interest: This type of motion seeks interest to be calculated from the date on which the cause of action arose until the judgment was rendered. 2. Motion for Post-Judgment Interest: If the prevailing party is requesting interest for the period following the date of the judgment until its satisfaction, a separate motion for post-judgment interest may be filed. 3. Motion for Compound Interest: In certain cases, the prevailing party may argue for compound interest, which is interest calculated on both the principal judgment amount and the accumulated interest from previous periods. By using relevant keywords such as "Wisconsin," "Motion for Interest," "Affirmed Judgment," and "Federal District Court," this description provides a comprehensive overview of what a Wisconsin Motion for Interest on an Affirmed Judgment of a Federal District Court entails.
