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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 Arkansas, 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 exceeds the amount supported by the evidence. This process is intended to correct a jury's award that appears to be the result of passion or prejudice, rather than a careful consideration of the evidence and applicable law. If a judge orders a remittitur, the plaintiff is given the option to accept the reduced award or to opt for a new trial. The term 'remittitur' also refers to the document that a plaintiff files to formally accept the reduced amount of damages. Arkansas courts have established standards and procedures for when and how a remittitur can be applied, and these are guided by both state statutes and case law. It is important for parties involved in litigation to consult with an attorney to understand the implications of a remittitur in their specific case.

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Civil procedure

remittitur

Individual & Family Legal Plan

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Arkansas State Code

Arkansas State Code

Civil procedure

remittitur

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