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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 Hawaii, remittitur is a legal concept that allows a trial court to reduce the amount of damages awarded by a jury if the court finds that the award is excessive. The court can offer the plaintiff the option of accepting a lower amount of damages or facing a new trial. This process is intended to correct awards that appear to be the result of passion or prejudice, rather than reason. The plaintiff must then decide whether to accept the reduced award or proceed with a new trial. If the plaintiff agrees to the reduced amount, they must file a remittitur, which is a formal document indicating their acceptance of the court's decision. This process is governed by Hawaii state statutes and case law, which outline the specific procedures and standards for when a remittitur may be ordered by the court.

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Civil procedure

remittitur

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Hawaii State Code

Hawaii State Code

Civil procedure

remittitur

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