Section 4213. Decision of the court


Latest version.
  • (a) Requests for findings. Before the
      case is finally  submitted,  the  court  shall  afford  the  parties  an
      opportunity  to submit requests for findings of fact. Each request shall
      be numbered and so phrased that the court may conveniently pass upon it.
        (b) Form of decision. The decision of the court  may  be  oral  or  in
      writing  and  shall  state  the  facts it deems essential. In a medical,
      dental or podiatric malpractice action or in an action against a  public
      employer  or  a  public  employee who is subject to indemnification by a
      public employer with respect to such action or both, as such  terms  are
      defined in subdivision (b) of section forty-five hundred forty-five, for
      personal  injury or wrongful death arising out of an injury sustained by
      a public employee while acting within the scope of his public employment
      or duties, and in any  other  action  brought  to  recover  damages  for
      personal  injury,  injury  to  property,  or  wrongful death, a decision
      awarding damages shall specify the applicable elements  of  special  and
      general damages upon which the award is based and the amount assigned to
      each  element,  including  but  not  limited to medical expenses, dental
      expenses, podiatric expenses, loss of earnings,  impairment  of  earning
      ability,  and  pain  and  suffering.  In  a medical, dental or podiatric
      malpractice action, and in any other action brought to  recover  damages
      for personal injury, injury to property, or wrongful death, each element
      shall  be  further  itemized  into  amounts  intended  to compensate for
      damages which have been incurred  prior  to  the  decision  and  amounts
      intended  to  compensate  for  damages  to be incurred in the future. In
      itemizing amounts intended to compensate for future damages,  the  court
      shall set forth the period of years over which such amounts are intended
      to  provide  compensation.  In  computing  said damages, the court shall
      award  the  full  amount  of  future  damages,  as  calculated,  without
      reduction to present value.
        (c)  Time  for  decision.  The decision of the court shall be rendered
      within sixty days after the cause or  matter  is  finally  submitted  or
      within  sixty  days  after a motion under rule 4403, whichever is later,
      unless the parties agree to extend the time.