My question involves court procedures for the state of: Colorado
If a jury is asked to award costs to a prevailing Plaintiff, but fails to do so, are they automatically awarded or must they be awarded by court order?
i.e. Jury is asked to award various damages to Plaintiff, if they prevail, including, claims of $3,250 & $79.25, interest per the contract, court costs of $140.15 and reasonable attorney fees. The jury makes an award of $3,750 which appears to be $3,250 on claim 1, nothing on claim 2 and $500 of interest (which is less than the contract amount, but consistent with questions they asked during deliberation). No mention is made about court costs and attorney fees when the jury makes their verbal award. After dismissing jury, everyone agrees that $3,750 is the judgment amount. Plaintiff's attorney asks about attorney fees and whether an affidavit would be sufficient. County Court Judge says yes, attorney submits affidavit, judge modifies amount (disallowing certain items) and 7 weeks later awards $2,010.50. Judge's order makes no mention of the verbal jury award and only has the $2,010.50 figure for attorney fees. Defendant never received anything in writing with the jury award or any awarding of court costs. Later, Plaintiff claims the amount of the original judgement is $5,900.65 (presumably $3,750 + $140,15 + $2,010.50) and the Transcript of Judgment shows this by including the $140.15 of court costs, but at the District Court on appeal, they note the jury awarding $3,750 and the Judge awarding $2,010.50, but make no mention of the $140.15. So what is the correct original judgement amount? $5,900.65 or $5,760.50?
If a jury is asked to award costs to a prevailing Plaintiff, but fails to do so, are they automatically awarded or must they be awarded by court order?
i.e. Jury is asked to award various damages to Plaintiff, if they prevail, including, claims of $3,250 & $79.25, interest per the contract, court costs of $140.15 and reasonable attorney fees. The jury makes an award of $3,750 which appears to be $3,250 on claim 1, nothing on claim 2 and $500 of interest (which is less than the contract amount, but consistent with questions they asked during deliberation). No mention is made about court costs and attorney fees when the jury makes their verbal award. After dismissing jury, everyone agrees that $3,750 is the judgment amount. Plaintiff's attorney asks about attorney fees and whether an affidavit would be sufficient. County Court Judge says yes, attorney submits affidavit, judge modifies amount (disallowing certain items) and 7 weeks later awards $2,010.50. Judge's order makes no mention of the verbal jury award and only has the $2,010.50 figure for attorney fees. Defendant never received anything in writing with the jury award or any awarding of court costs. Later, Plaintiff claims the amount of the original judgement is $5,900.65 (presumably $3,750 + $140,15 + $2,010.50) and the Transcript of Judgment shows this by including the $140.15 of court costs, but at the District Court on appeal, they note the jury awarding $3,750 and the Judge awarding $2,010.50, but make no mention of the $140.15. So what is the correct original judgement amount? $5,900.65 or $5,760.50?
Judgment Issues: Are Costs Automatically Added to Jury Award
Aucun commentaire:
Enregistrer un commentaire