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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 Illinois, remittitur is a legal concept that allows a judge to reduce the amount of damages awarded by a jury if the judge finds that the award is excessive in light of the evidence presented. The judge may offer the plaintiff the option of accepting a lower amount of damages or facing 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 acknowledgment of their acceptance of the lower award. This process is governed by Illinois law and is subject to the oversight of the appellate courts to ensure that the reduction is not the result of judicial bias or other improper considerations.

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Civil procedure

remittitur

Individual & Family Legal Plan

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Illinois State Code

Illinois State Code

Civil procedure

remittitur

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