Select your state

Civil procedure

remittitur

Remittitur is generally an order by a court for a new trial, or alternatively, for an amount of damages less than that awarded by the jury, and requires the plaintiff to choose between the two. The term remittitur is also used to refer to the written and signed document that a party who was awarded damages in a trial (the plaintiff) may file with the clerk if it agrees to remit or accept the court’s suggestion of lesser damages than were awarded.

In Alabama, remittitur is a legal concept where a judge may reduce the amount of damages awarded by a jury if the judge finds that the award is excessive and not supported by the evidence. This process allows the judge to suggest a lower, more appropriate amount of damages. If the plaintiff accepts the reduced amount, the case concludes with the adjusted award. However, if the plaintiff rejects the remittitur, the court may order a new trial. The plaintiff must then decide whether to accept the reduced award or proceed with a new trial, which carries its own risks and costs. The term 'remittitur' also refers to the document that the plaintiff files to indicate acceptance of the reduced damages. Alabama courts have established criteria for when remittitur is appropriate, and the process is governed by state case law and procedural rules.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Civil procedure

remittitur

Individual & Family Legal Plan

Articles

Alabama State Code

Alabama State Code

Civil procedure

remittitur

Articles