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Response to Plaintiff's Motion for Additur or New Trial

Middlesex Massachusetts Response to Plaintiff's Motion for Additur or New Trial

Name: Middlesex Massachusetts Response to Plaintiff's Motion for Additur or New Trial
Brand: US Legal Forms
Rating: 4.72 (212 reviews)

Category:

Civil Actions - Personal Injury - Sample Defendants Responses

State:

Multi-State

County:

Middlesex

Control #:

US-PI-0062

Format:

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

Usually the court provides the jury with written forms of all possible verdicts, so that when a decision is reached, the jury has only to choose the proper verdict form. In most instances, the verdict in a criminal case must be unanimous. In some states a less than unanimous decision is permitted in civil cases.

These terms refer to options both parties have to request a different jury verdict. If the jury's verdict does not satisfy one of the parties, it is possible to file a motion for the trial court to either increase the verdict (additur) or reduce the jury verdict (remittitur).

Legal Definition of additur : the increase by a court of the jury's award of damages which the court deems insufficient compare remittitur. Note: The Supreme Court held in Dimick v. Schiedt, 293 U.S. 474 (1935) that additur violates the Seventh Amendment and so is not permissible in federal courts.

A motion for judgment as a matter of law (JMOL) is a motion made by a party, during trial, claiming the opposing party has insufficient evidence to reasonably support its case. JMOL is also known as a directed verdict, which it has replaced in American federal courts.

A directed verdict (or "non-suit" motion) is a defence motion made at the closing of the crown's case but before the defence is to call any evidence, requesting the dismissal of the case on the basis that the essential elements of the offence are not made out.

A fair or impartial in action or judgment. b (as collective n; preceded by the) the just. 2 conforming to high moral standards; honest. 3 consistent with justice.

A directed verdict is only proper in situations where a reasonable jury could not find for the opposing party. The defendant can move for a directed verdict after the plaintiff rests her case.

2 Since its approval by a federal court in 1822,3 remittitur has been accepted and employed by the courts of the United state^. ^ Despite this century and a half of use, the procedures and standards utilized by the federal courts have been, and still are, far from unif~rm.

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The trial judge refused. Rule 59: New Trials: Amendment of Judgments .

Middlesex Massachusetts Response to Plaintiff's Motion for Additur or New Trial

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How to fill out Middlesex Massachusetts Response To Plaintiff's Motion For Additur Or New Trial?

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FAQ

How do you choose a verdict?

What is remittitur and Additur?

What does Additur mean in court?

Is jmol the same as directed verdict?

What is a directed verdict Canada?

What makes a just verdict?

When should you ask for a directed verdict?

Is a remittitur allowed in federal court?

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What is the Middlesex Response to Plaintiff's Motion for Additur or New Trial?

What is additur?

What is a new trial?

What are the possible reasons for Middlesex to oppose the plaintiff's motion?

Can Middlesex provide alternative solutions instead of additur or a new trial?

What happens if Middlesex's response is successful?

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