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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 Iowa, remittitur is a legal process where a judge may reduce the amount of damages awarded by a jury if the judge finds that the award is excessive and not supported by the evidence. The judge can offer the plaintiff the choice between accepting a lower, court-determined award or undergoing a new trial. This is done to avoid a new trial solely on the issue of damages when the liability aspect is not contested. If the plaintiff agrees to the reduced amount, they may file a remittitur, which is a formal acceptance of the reduced damages. This process is governed by Iowa case law and procedural rules. It is important for parties involved in litigation to consult with an attorney to understand the implications of accepting a remittitur and the potential outcomes of a new trial.

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Civil procedure

remittitur

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Civil procedure

remittitur

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