State Court Motion to Set Aside the Verdict / for New Trial (Civil)

SUPERIOR COURT OF THE STATE OF CONNECTICUT

JUDICIAL DISTRICT OF [___] AT [___]

[MOVING PARTY]'S MOTION TO SET ASIDE THE VERDICT AND FOR A NEW TRIAL (Conn. Practice Book § 16-35; Conn. Gen. Stat. § 52-228b)

I. THE MOTION

NOW COMES [MOVING PARTY NAME] ("Movant"), by and through undersigned counsel, and pursuant to Practice Book § 16-35 and Conn. Gen. Stat. § 52-228b respectfully moves this Court to set aside the verdict [returned / accepted] on [__/__/____] in favor of [OPPOSING PARTY] and against Movant, and to order a new trial on all or part of the issues.

This Motion is filed within ten (10) days after the verdict was accepted, as required by Practice Book § 16-35. [If applicable: Movant has requested, for good cause, an extension of the 10-day period to [__/__/____].]

In support, Movant states the grounds set forth below and in the accompanying Memorandum of Law.

II. IDENTIFICATION OF THE VERDICT / JUDGMENT

1. This action was tried to a jury before the Honorable [JUDGE NAME] commencing [__/__/____].
2. On [__/__/____], the jury returned a [general / special] verdict [describe — e.g., "for the plaintiff in the amount of $______" or "for the defendant"].
3. The verdict was accepted and ordered recorded on [__/__/____]. [If judgment has entered: Judgment entered on [__/__/____].]
4. This Motion is filed within 10 days of acceptance of the verdict, as required by Practice Book § 16-35.

III. MEMORANDUM OF LAW

A. Standard for Setting Aside a Verdict and Ordering a New Trial

A trial court may set aside a verdict and order a new trial where the verdict is contrary to law, is against the weight of the evidence, results from a material error in the proceedings that deprived a party of a fair trial, or is otherwise manifestly unjust. The court's authority is to be exercised with deference to the jury's findings; a verdict should not be disturbed merely because the court would have decided the matter differently.

By statute, "[n]o verdict in any civil action involving a claim for money damages may be set aside except on written motion by a party to the action, stating the reasons relied upon in its support, filed and heard after notice to the adverse party according to the rules of the court." Conn. Gen. Stat. § 52-228b. Further, no such verdict "may be set aside solely on the ground that the damages are excessive unless the prevailing party has been given an opportunity to have the amount of the judgment decreased" by a remittitur, and no such verdict "may be set aside solely on the ground that the damages are inadequate until the parties have first been given an opportunity to accept an addition to the verdict" — an additur. Id.

B. Argument

1. ☐ The Verdict Is Against the Weight of the Evidence

[Show that the evidence, viewed in the light most favorable to sustaining the verdict, does not reasonably support the jury's conclusion, and identify the dispositive failure of proof.]

2. ☐ Error of Law at Trial Deprived Movant of a Fair Trial

[Identify the legal error — e.g., an erroneous jury instruction, an improper evidentiary ruling, or the submission/refusal of a claim or defense — show it was preserved by objection, and demonstrate that it was harmful.]

3. ☐ Irregularity / Misconduct Prevented a Fair Trial

[Identify the irregularity in the proceedings, juror misconduct, or improper argument that prevented a fair trial, supported by the record or affidavit, and show prejudice.]

4. ☐ Excessive Damages — Remittitur (Conn. Gen. Stat. § 52-228b)

[Demonstrate that the damages are excessive as a matter of law. Request, in the alternative, that the Court order a remittitur and set aside the verdict and order a new trial only if the prevailing party declines the remittitur.]

5. ☐ Inadequate Damages — Additur (Conn. Gen. Stat. § 52-228b)

[Demonstrate that the damages are inadequate. Request that the Court order an additur and set aside the verdict and order a new trial only if the parties decline the additur.]

6. ☐ Newly Discovered Evidence

[Identify the newly discovered, material evidence and show that it could not with reasonable diligence have been discovered and produced at trial, and that it is likely to change the result. (Note: significant new-evidence relief may also require a separate petition for a new trial under Conn. Gen. Stat. § 52-270; consult counsel.)]

C. Conclusion

For the foregoing reasons, Movant respectfully requests that the Court GRANT this Motion, set aside the verdict of [__/__/____], and order a new trial on [all issues / the issue(s) of __________] [or, in the alternative, order a remittitur/additur as set forth above].

IV. ALTERNATIVE — MOTION TO OPEN OR SET ASIDE THE JUDGMENT (Practice Book § 17-4; Conn. Gen. Stat. § 52-212a)

To the extent judgment has entered, Movant moves, pursuant to Practice Book § 17-4 and Conn. Gen. Stat. § 52-212a, to open and set aside the judgment entered on [__/__/____]. This Motion is filed within four months following the date on which notice of the judgment was sent, as required by § 52-212a. The grounds are [state the grounds — e.g., newly discovered evidence, fraud, mistake, or other reasonable cause], as set forth above and supported by the attached affidavit. Movant requests that, upon opening the judgment, the Court [order a new trial / enter a different judgment as specified].

V. ORDER

The foregoing Motion having been heard, it is hereby:

☐ GRANTED. The verdict of [__/__/____] is set aside, and a new trial is ordered on [all issues / the issue(s) of __________].

☐ GRANTED conditionally. A [remittitur / additur] in the amount of $[______] is ordered; the verdict is set aside and a new trial ordered only if [the prevailing party declines the remittitur / the parties decline the additur].

☐ DENIED.

BY THE COURT,

_______________________________
Hon. [JUDGE NAME]
Judge / Judge Trial Referee
Dated: [__/__/____]

TIMING AND APPELLATE NOTES (Connecticut)

Caution: A petition for a new trial based on newly discovered evidence brought as an independent action is governed by Conn. Gen. Stat. § 52-270 and has its own requirements and a separate limitation period; it differs from a § 16-35 post-verdict motion. Confirm which vehicle applies before filing.

VI. CERTIFICATION OF SERVICE (Practice Book § 10-12 et seq.)

I hereby certify that a copy of the foregoing Motion to Set Aside the Verdict and for a New Trial was [mailed / emailed / delivered electronically via the Judicial Branch e-services system] on [__/__/____] to all counsel and self-represented parties of record as follows:

• [NAME, FIRM, ADDRESS, EMAIL]
• [NAME, FIRM, ADDRESS, EMAIL]

_______________________________
[ATTORNEY NAME], Esq. (Juris No. [____])
[LAW FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Attorney for [MOVING PARTY]

SOURCES & REFERENCES

• Conn. Practice Book § 16-35 (post-verdict motions; 10-day deadline): Official Connecticut Practice Book, https://www.jud.ct.gov/pb.htm
• Conn. Gen. Stat. § 52-228b (setting aside of verdict in action claiming money damages; remittitur/additur): https://codes.findlaw.com/ct/title-52-civil-actions/ct-gen-st-sect-52-228b/
• Conn. Gen. Stat. § 52-212a (civil judgment opened or set aside within four months only): https://law.justia.com/codes/connecticut/title-52/chapter-900/section-52-212a/
• Conn. Practice Book § 17-4 (judgment may be opened or set aside within four months): Official Connecticut Practice Book.
• Conn. Practice Book §§ 11-11, 11-12 (post-judgment / interlocutory motions to reargue): Official Connecticut Practice Book.
• Conn. Practice Book §§ 63-1, 66-1 (appeal period; extension): Official Connecticut Practice Book.
• Conn. Gen. Stat. § 52-270 (petition for new trial — independent action): Connecticut General Statutes.