New to PI. If the at-fault driver admits liability, how do you get that on the record? What type of Motion would you file, Stipulation to Liability, or something like that? I’m assuming a MSJ would be unnecessary if they’re not opposing it.

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Yeah ask their defense attorney if they plan on stipulating to liability, and in opening note that. If they’re a good defense attorney they’ll also note that in opening and sometimes again in closing.

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It would be covered in opening statements “there is no dispute that defendant caused this collision, what your job is in this trial is to determine PLs damages based on the evidence presented” and or judge initial instructions stating jurors are only here to determine damages.

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Oh I see, the Answer. That makes sense! I appreciate it!

I do an MSJ.

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Interest starts running from date of SJ order so if deft admitted liability make a motion for SJ.

MSJ to start the interest clock

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I’m only at the general district court level but at the beginning of trial I’ll usually tell OC we’re admitting liability and in one or both of our opening statements we let the judge know liability was stipulated to and the trial is about damages only.

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I’m in ID btw.

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I would get a stipulation

Yes, and I would probably stipulate in both the affirmative and negative: “parties agree that plaintiff is liable/at fault for the accident, and the only remaining issue for trial is calculation of damages”

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