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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 Arizona, remittitur is a legal concept where a judge may order a new trial or propose a reduction in the amount of damages awarded by a jury if the judge finds the award to be excessive. The plaintiff then has the option to accept the reduced amount or proceed with a new trial. This process is intended to correct awards that appear to be influenced by passion or prejudice, or that are not supported by the evidence. If the plaintiff agrees to the reduced amount, they may file a remittitur, which is a formal document indicating their acceptance of the lower award. This process is governed by Arizona state statutes and rules of civil procedure, which outline the specific requirements and timeframes for seeking and granting a remittitur.

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Civil procedure

remittitur

Individual & Family Legal Plan

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Arizona State Code

Arizona State Code

Civil procedure

remittitur

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