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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 Colorado, 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 or not supported by the evidence presented during the trial. 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 does not agree to the remittitur, the court may order a new trial. The plaintiff is typically given the option to choose between accepting the reduced award or proceeding with a new trial. The term 'remittitur' also refers to the document that the plaintiff files with the court clerk if they agree to accept the reduced damages. This process is governed by Colorado state statutes and case law, which outline the specific procedures and standards for when and how a remittitur can be ordered by the court.

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Civil procedure

remittitur

Individual & Family Legal Plan

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Colorado State Code

Civil procedure

remittitur

Colorado State Code

Articles