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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 California, 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 that the evidence supports. This process is governed by California state law, specifically the California Code of Civil Procedure. 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 purpose of remittitur is to correct a jury award that appears to be the result of passion or prejudice, rather than a rational assessment of damages. The plaintiff must consent to the reduced amount; otherwise, a new trial on damages may be ordered. The term 'remittitur' also refers to the document that the plaintiff files if they agree to accept the reduced damages. This process helps to ensure that damage awards are in line with legal standards and the evidence presented during the trial.

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Civil procedure

remittitur

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Civil procedure

remittitur

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