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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 Delaware, 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 is typically done after a motion for remittitur is filed by the defendant. The judge may order a new trial or suggest a lower amount of damages. If the plaintiff accepts the reduced amount, the case concludes with the lower award. If the plaintiff does not accept the remittitur, then a new trial may be ordered. The purpose of remittitur is to correct awards that are deemed excessive without subjecting the parties to the expense and time of a new trial. The plaintiff's agreement to the reduced amount is usually filed with the court to formalize the acceptance of the remittitur.

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Civil procedure

remittitur

Individual & Family Legal Plan

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Delaware State Code

Delaware State Code

Civil procedure

remittitur

Articles