What is additur and when is it used?

Additur is a judicial procedure requesting an increase in monetary damages where the verdict is inadequate. Availability varies by jurisdiction; many federal courts disfavor additur while some state courts permit it under limited circumstances.

How long do I have to file?

Deadlines vary: in federal court a new trial motion is typically made under Rule 59 within 28 days after entry of judgment; state deadlines differ. Confirm the applicable local rule to avoid waiver.

Can I eSign and eFile this motion?

Many courts accept electronically signed documents if they meet ESIGN/UETA standards and local eFiling portal rules. Check court eFiling guidance and follow required authentication and format rules.

What supporting documents should I include?

Include relevant transcript excerpts, exhibits, affidavits, and a proposed order. Clearly label and reference attachments so the judge can readily verify the record-based grounds for relief.

Does filing this motion affect appeal rights?

Timely filing of a new-trial motion may be required to preserve certain appellate issues. Conversely, failing to raise specific trial errors can waive them on appeal; coordinate motions and appellate strategy carefully.

What if the court denies the motion?

Denial of a new trial or additur can be appealed. Preserve the record, obtain a written order, and consult appellate counsel to evaluate the standard of review and next steps.

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Motion for Additur or New Trial

Motion for Additur or New Trial

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

What the Motion for Additur or New Trial Is

A Motion for Additur or New Trial is a post-judgment pleading asking the court to correct or revisit a jury verdict. A motion for additur requests an increase in monetary damages, typically to remedy an insufficient award; a motion for new trial asks the judge to set aside the verdict and order a retrial based on errors of law, procedure, or the weight of the evidence. Federal new-trial practice follows Federal Rule of Civil Procedure 59; state procedures and the availability of additur vary by jurisdiction.

Why You Might File This Motion

This motion preserves remedies and can correct jury errors without immediate appeal. It may recover proper damages, obtain a retrial when legal errors affected the outcome, or narrow issues before appeal, reducing time and cost compared with immediate appellate briefing.

Who Commonly Prepares and Files These Motions

The motion is typically prepared by litigation counsel after judgment and before appeal timeframes expire.

Plaintiff's counsel seeking increased or corrected damages and to preserve appellate issues.
Defense counsel requesting a new trial when verdicts were unsupported or trial errors occurred.
Pro se litigants in jurisdictions that permit self-representation for post-judgment motions.

Prepare the motion with clear grounds, citations, and supporting evidence to meet local practice rules.

Step-by-Step: Preparing the Motion

Follow a concise sequence to draft, file, and serve the motion while preserving appellate timelines.

01

1. Identify Grounds: List legal and factual bases for additur or new trial.
02

2. Compile Record: Gather trial transcript, exhibits, and jury verdict form.
03

3. Draft Motion: State standard of review and relief requested clearly.
04

4. File & Serve: File with court clerk and serve opposing counsel promptly.

How to Configure an Online Workflow

Set up a straightforward digital workflow to route the motion, collect signatures, and archive the filing record.

Field	Configuration
Upload Document	PDF/A preferred for court filings
Signature Order	Lead counsel then client
Authentication	Email plus SMS code
Final Archive	Enable audit trail and export

Typical eFiling and eSubmission Flow

A concise flow ensures timely filing and a clear record of service and signatures.

Prepare PDF: Assemble motion and exhibits in a single PDF.
Sign & Certify: Counsel signs and adds certificate of service.
eFile with Court: Submit via court eFiling portal per local rules.
Serve Parties: Serve opposing counsel and retain proof of service.

Technical Considerations for Digital Filing

Confirm file formats, authentication methods, and court eFiling requirements before submitting electronically.

File Formats: PDF/A, PDF, or DOCX accepted by many eFiling systems
Authentication Options: Email, SMS codes, or stronger multi-factor methods
Integrations: Works with common systems like NetSuite and Google Workspace

Ensure the platform captures an audit trail, timestamps, and signer attribution to preserve the record for appeal.

Consequences of an Incorrect or Untimely Motion

Waiver of Issues: Missing deadlines can forfeit appellate rights.

Sanctions: Frivolous motions risk attorney fee awards.

Record Deficiencies: Incomplete record may preclude relief on appeal.

Costs Increased: Additional briefing or retrial increases expense.

Denied Relief: Substantive shortcomings lead to denial.

Strategic Harm: Poor timing can undermine settlement leverage.

Common Preparation Pitfalls to Avoid

Failing to file within the post-judgment window, which varies by jurisdiction and can bar relief entirely.
Relying on general assertions without pinpointing specific trial errors, legal standards, or transcript citations.
Submitting exhibits or transcript excerpts without proper page references or authentication, making review difficult for the court.
Requesting vague relief (for example, 'reasonable damages') rather than stating a precise additur amount or clear new-trial scope.

Essential Components of a Professional Motion

Include specific structural elements so the court and opposing parties can evaluate the request efficiently.

Case Caption

Complete court and case identification at the top of each page, matching prior filings to avoid clerk rejection and ensure proper docketing.

Statement of Facts

Concise, numbered factual summary tied to the trial record, with citations to transcript pages and admitted exhibits where critical issues arose.

Legal Standard

Identify the governing rule or statute (for example, Rule 59 for federal new trials) and explain the applicable standard of review.

Argument

Apply law to the facts with headings, legal citations, and clear explanations of how trial errors affected the verdict or damages.

Relief Requested

State precise relief: increase damages to a specified amount, order a new trial on specific issues, or both, including any alternative remedies.

Exhibits & Certification

Attach authenticated exhibits, include a certificate of service, and add a proposed order for the judge's convenience.

Security and Compliance Considerations for Electronic Filings

Encryption: TLS 1.2/1.3; AES-256 at rest

ESIGN / UETA: Compliant with ESIGN and UETA

HIPAA BAA: Available where required

Audit Trail: Timestamps, IP, and action logs

21 CFR Part 11: Supported for regulated workflows

SOC / ISO: SOC 2 Type II and ISO 27001

Practical Tips for Clear and Effective Motions

Follow local rules, be concise, and prepare the record carefully to maximize the chance of favorable review.

Follow Local Rules Closely

Confirm page limits, font size, filing deadlines, and required certificates. Courts routinely reject or strike filings that fail to conform to local civil rules.

Cite the Record Precisely

Reference specific transcript page and line numbers and exhibit identifiers to allow quick verification by the judge and opposing counsel.

Provide a Proposed Order

Attach a short proposed order granting the requested relief and stating specific terms; this reduces clerical burden and helps the judge assess the appropriate remedy.

Preserve Issues for Appeal

Ensure motions state the same grounds and record citations that will later support appellate arguments to avoid waiver of issues.

eSignature Pricing and Feature Comparison

Common eSignature options for preparing and signing motions; signNow appears first for feature parity and pricing context.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently Asked Questions

Answers to common questions about filing and serving a Motion for Additur or New Trial in U.S. courts.

Need help? Contact support

What is additur and when is it used?
Additur is a judicial procedure requesting an increase in monetary damages where the verdict is inadequate. Availability varies by jurisdiction; many federal courts disfavor additur while some state courts permit it under limited circumstances.
How long do I have to file?
Deadlines vary: in federal court a new trial motion is typically made under Rule 59 within 28 days after entry of judgment; state deadlines differ. Confirm the applicable local rule to avoid waiver.
Can I eSign and eFile this motion?
Many courts accept electronically signed documents if they meet ESIGN/UETA standards and local eFiling portal rules. Check court eFiling guidance and follow required authentication and format rules.
What supporting documents should I include?
Include relevant transcript excerpts, exhibits, affidavits, and a proposed order. Clearly label and reference attachments so the judge can readily verify the record-based grounds for relief.
Does filing this motion affect appeal rights?
Timely filing of a new-trial motion may be required to preserve certain appellate issues. Conversely, failing to raise specific trial errors can waive them on appeal; coordinate motions and appellate strategy carefully.
What if the court denies the motion?
Denial of a new trial or additur can be appealed. Preserve the record, obtain a written order, and consult appellate counsel to evaluate the standard of review and next steps.

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