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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 Idaho, 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 and not justified by the evidence presented during the trial. The judge can offer the plaintiff the choice between accepting a lower, court-determined award or undergoing a new trial. This process is intended to correct verdicts that appear to be influenced by factors such as passion, prejudice, or other improper considerations. If the plaintiff agrees to the reduced amount, they must file a remittitur, which is a formal document indicating their acceptance of the reduced damages. The acceptance of remittitur must be voluntary, and the plaintiff retains the option to reject the remittitur and opt for a new trial instead. Idaho state statutes and case law govern the application of remittitur, ensuring that the process respects the parties' rights and the integrity of the judicial system.

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Civil procedure

remittitur

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Idaho State Code

Idaho State Code

Civil procedure

remittitur

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