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1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

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UNITED STATES DISTRICT COURT
9 ________ DISTRICT OF _____________

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11 Any Plaintiff, ) Case No.
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12 Plaintiff, )
OPPOSITION TO MOTION FOR NEW TRIAL;
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MEMORANDUM OF POINTS AND
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AUTHORITIES; DECLARATION OF
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___________; EXHIBITS
14 Any Defendant, and DOES 1-5 )
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Defendants. ) DATE:
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) TIME:
) PLACE
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To subscribe to my FREE weekly legal newsletter visit
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21 http://www.legaldocspro.net/newsletter.htm and enter your e-mail
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address. Be sure to remove this notice and all other notices before
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using this document.
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26 _________________ (“Plaintiff”) herein submits their opposition to the motion for new trial
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filed by filed by _____________________ (“______”) on the grounds that (1) the motion is untimely
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OPPOSITION TO MOTION FOR NEW TRIAL
1 pursuant to Federal Rule of Civil Procedure 59(b) in that it was filed more than 28 days after entry of
2 judgment, __________ has failed to meet their burden of showing that (2) the verdict is contrary to
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the clear weight of the evidence, (3) is based upon false or perjurious evidence, (4) a new trial is
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necessary to prevent a miscarriage of justice and (5) newly discovered evidence that could not have
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been discovered earlier with due diligence and the newly discovered evidence is of such magnitude

7 that production of it earlier would likely have changed the outcome of the case.

8 The Opposition to the Motion will be based on this Opposition, the attached Memorandum of
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Points and Authorities, declaration of _________ and exhibits attached thereto, concurrently filed and
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served herewith and incorporated herein by reference, the complete files and records of this action,
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and such other and further oral and documentary evidence as may be presented at the hearing on this
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13 Motion.

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Dated_________________________ _______________________________________
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Any Attorney or Party
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Note that you should file and serve this opposition and all
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supporting documents on all parties at least seven (7) calendar days
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20 before the hearing unless a Local Rule or order of the Court states
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otherwise pursuant to Federal Rule of Civil Procedure 6(c)(2).
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23 To purchase the entire 10 page document visit:
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https://legaldocspro.myshopify.com/products/sample-opposition-to-
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26 motion-for-new-trial-in-united-states-district-court
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OPPOSITION TO MOTION FOR NEW TRIAL