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I am a plaintiff in a Small Claims Court case in Lakeland, Florida. The judge decided against me even though the only evidence was in my favor. I was told to file a motion to reconsider the verdict. What do you say? I do not know anything about motions.

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Q: How do you write a Small Claims Court motion to reconsider the verdict?
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Related questions

What is the next step after filing a Motion to Reconsider in a Superior Court?

The petitioner waits for the motion to be either granted or denied. If granted the verdict will be thrown out and a new trial ordered, if denied the original verdict will stand.


What was the legal body that supported the Cherokee's claims but could not enfrce its verdict?

The US Supreme Court


How do you write a motion for reconsidration?

You would need to research the law and craft an argument about why the court should reconsider.


Pro se motion for reconsider is pending in chapter 13 denial can mortgage company start foreclosure procedures?

This is why you need a lawyer. Yes, it can, unless you file a motion with the court to stay the foreclosure until your motion to reconsider is disposed of. And if your c. 13 was denied, chances are slim to none you will prevail in your motion to reconsider, unless you clearly understand why it was denied and have corrected the problem.


What is motion for a directed verdict?

The Motion is what the party uses to move (ask) the Court to do something (i.e., MOTION for Directed Verdict). The moving party files the Motion for Directed Verdict where the jury has come back with a finding that the evidence and/or testimony did not support. Say for instance the Plaintiff did not carry its burden of proof. So to prevent a miscarriage of justice, the Judge basically overrules the Jury and DIRECTS a VERDICT.


After a jury verdict quilty conviction how does filing for a new motion help?

It won't - not unless you are preparing a petition to the Court of Appeals.


How does someone appeal?

Appeal WHAT? A court ruling? If so - you file a motion of appeal with the next higher level court, setting forth your LEGAL reason(s) for appealing your verdict. It must be more than the fact that you just "don't like" the verdict.


When can the court enter a judgment notwithstanding the verdict?

A court can enter a judgment notwithstanding the verdict when the weight of the evidence does not support the jury's verdict.


When appellate court court upholds a verdict?

The judgment is affirmed.


Can a judge overturn a guilty plea?

Generally any presiding judge (the judge that ran the trial) can set aside a jury's guilty verdict if they find it is against the weight of the evidence or not based on relevant law. A judge cannot overturn a not guilty verdict.In the U. S., a court may overturn a jury verdict of "Guilty" and enter a judgment of acquittal or order a new trial in a criminal case. The basis for such action includes situation where the jury has brough in a verdict that is not supported by the evidence beyond a reasonable doubt. This may happen where a jury is prejudiced against a defendant or makes a mistake in its fact finding or application of the law to the fact after the court jury instruction.United States Federal Rule of Criminal Procedure 29 states:(a) Before Submission to the Jury. After the government closes its evidence or after the close of all the evidence, the court on the defendant's motion must enter a judgment of acquittal of any offense for which the evidence is insufficient to sustain a conviction. The court may on its own consider whether the evidence is insufficient to sustain a conviction. If the court denies a motion for a judgment of acquittal at the close of the government's evidence, the defendant may offer evidence without having reserved the right to do so.(b) Reserving Decision. The court may reserve decision on the motion, proceed with the trial (where the motion is made before the close of all the evidence), submit the case to the jury, and decide the motion either before the jury returns a verdict or after it returns a verdict of guilty or is discharged without having returned a verdict. If the court reserves decision, it must decide the motion on the basis of the evidence at the time the ruling was reserved.(c) After Jury Verdict or Discharge.(1) Time for a Motion. A defendant may move for a judgment of acquittal, or renew such a motion, within 14 days after a guilty verdict or after the court discharges the jury, whichever is later.(2) Ruling on the Motion. If the jury has returned a guilty verdict, the court may set aside the verdict and enter an acquittal. If the jury has failed to return a verdict, the court may enter a judgment of acquittal. Subsections (b) and (c) make it absolutely clear that a court may set aside a jury verdict of guilty in a criminal case. The Rules do not give the court any authority to set aside a verdict of acquittal.The reason the FRCP do not permit a court to set aside a jury verdict of acquittal and enter a judgment of guilty is to preserve the Sixth Amendment guarantee that all criminal defendants shall enjoy the right to a trial by jury as well as to preserve the Fifth Amendment prohibition against double jeopardy.The reason the FRCP permit a trial court to set aside a jury verdict of guilty and enter one of not guilty, is to preserve the defendant's right not to be convicted of a crime except on evidence beyond a reasonable doubt. In the interests of justice, no trial court should let stand a verdict of guilty where the evidence does not prove guilt beyond a reasonable doubt.These rights apply to state courts as well as to Federal courts because they have been incorporated into the 14th Amendment because they are a fundamental part of our jurisprudence.Note that these are the Federal court rules; however most state court rules are modeled after the Federal Rules and all will have some variation of the authority to set aside a guilty verdict.


What is it called When appellate courts upholds a verdict?

It means that they have - AFFIRMED THE VERDICT OF THE TRIAL COURT.


In a trial court who ususally hands down the verdict or decision?

It varies in different jurisdictions. In some states, the jury foreperson reads the verdict, in others the court clerk reads the verdict, and in still others, the judge reads the verdict.