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.
Wisconsin Response to Plaintiff's Motion for Additur or New Trial
State:
Multi-State
Control #:
US-PI-0062
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Response To Plaintiff's Motion For Additur Or New Trial?
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FAQ
Remittitur is the last step in the appeal process. Who is responsible? The Court of Appeal automatically issues a remittitur and sends notice to all parties in the case. The parties do not need to apply for a remittitur or request a copy from the court.
Additur and remittitur ensure the justness of a judgment award while conserving valuable court resources. Rather than starting a case over with a new trial, additur and remittitur allow the courts to rectify an excessively high or low jury verdict while saving time and money.
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.
(3) Reconsideration motions. Upon its own motion or the motion of a party made not later than 20 days after entry of judgment, the court may amend its findings or conclusions or make additional findings or conclusions and may amend the judgment ingly.
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.
Latin for ?to send back, to remit.? The purpose of remittitur is to give a trial court the ability, with the plaintiff's consent, to correct an inequitable damage award or verdict without having to order a new trial.
New trials. (1) Motion. A party may move to set aside a verdict and for a new trial because of errors in the trial, or because the verdict is contrary to law or to the weight of evidence, or because of excessive or inadequate damages, or because of newly-discovered evidence, or in the interest of justice.
A ?remittitur? is the ?process by which a court requires either that the case be retried, or that the damages awarded by the jury be reduced.? Black's Law Dictionary (11th ed. 2019) It is a procedural device defense lawyers use when they lose at trial.