Understanding Remittitur in Civil Litigation: A State-by-State Legal Analysis
Posted December 17, 2025
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In the realm of civil litigation, the concept of remittitur plays a pivotal role in the post-trial phase, particularly concerning the award of damages. This legal mechanism, which varies from state to state, can significantly influence the final outcome of a lawsuit. Understanding remittitur and its application across different jurisdictions is essential for litigants and legal practitioners alike.
What is Remittitur?
Remittitur is a judicial order that arises after a jury has awarded damages in a trial. It occurs when a court finds that the amount of damages awarded by the jury is excessively high and not supported by the evidence. The court then offers the plaintiff two options:
Accept a reduced amount of damages as proposed by the court.
Opt for a new trial.
The term also refers to the formal document a plaintiff files to accept the reduced damages. Essentially, remittitur serves as a check on jury awards that seem to exceed rational limits.
Variation in State Laws
The approach to remittitur can differ markedly across various states, reflecting the diverse legal landscapes and judicial philosophies in the United States.
Examples of State Differences
California: In California, courts apply remittitur under a standard that assesses whether the jury's award is so disproportionate to the evidence that it shocks the conscience.
New York: New York courts may use remittitur more conservatively, focusing on a clear discrepancy between the evidence and the jury's award.