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Sample opposition to motion for new trial in United States District Court

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This sample opposition to a motion for a new trial in United States District Court is filed on the grounds that (1) the motion is untimely pursuant to Federal Rule of Civil Procedure 59(b) in that it was filed more than 28 days after entry of judgment, the moving party has failed to meet their burden of showing that (2) the verdict is contrary to the clear weight of the evidence, (3) is based upon false or perjurious evidence, (4) a new trial is necessary to prevent a miscarriage of justice and (5) newly discovered evidence that could not have been discovered earlier with due diligence and the newly discovered evidence is of such magnitude that production of it earlier would likely have changed the outcome of the case. The sample on which this preview is based is 10 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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Sample opposition to motion for new trial in United States District Court

  1. 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Attorney or Party Any Street Any Town, CA 55555 714-555-5555 Any Attorney or Party UNITED STATES DISTRICT COURT ________ DISTRICT OF _____________ Any Plaintiff, Plaintiff, vs. Any Defendant, and DOES 1-5 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. OPPOSITION TO MOTION FOR NEW TRIAL; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ___________; EXHIBITS DATE: TIME: PLACE ) ) To subscribe to my FREE weekly legal newsletter visit http://www.legaldocspro.net/newsletter.htm and enter your e-mail address. Be sure to remove this notice and all other notices before using this document. _________________ (“Plaintiff”) herein submits their opposition to the motion for new trial filed by filed by _____________________ (“______”) on the grounds that (1) the motion is untimely - 1 - OPPOSITION TO MOTION FOR NEW TRIAL
  2. 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 pursuant to Federal Rule of Civil Procedure 59(b) in that it was filed more than 28 days after entry of judgment, __________ has failed to meet their burden of showing that (2) the verdict is contrary to the clear weight of the evidence, (3) is based upon false or perjurious evidence, (4) a new trial is necessary to prevent a miscarriage of justice and (5) newly discovered evidence that could not have been discovered earlier with due diligence and the newly discovered evidence is of such magnitude that production of it earlier would likely have changed the outcome of the case. The Opposition to the Motion will be based on this Opposition, the attached Memorandum of Points and Authorities, declaration of _________ and exhibits attached thereto, concurrently filed and served herewith and incorporated herein by reference, the complete files and records of this action, and such other and further oral and documentary evidence as may be presented at the hearing on this Motion. Dated_________________________ _______________________________________ Any Attorney or Party Note that you should file and serve this opposition and all supporting documents on all parties at least seven (7) calendar days before the hearing unless a Local Rule or order of the Court states otherwise pursuant to Federal Rule of Civil Procedure 6(c)(2). To purchase the entire 10 page document visit: https://legaldocspro.myshopify.com/products/sample-opposition-to- motion-for-new-trial-in-united-states-district-court - 2 - OPPOSITION TO MOTION FOR NEW TRIAL

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