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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 Kansas, 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 evidence presented at 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 a jury award that appears to be influenced by passion, prejudice, or another improper factor. If the plaintiff agrees to the reduced amount, they may file a remittitur, which is a formal acceptance of the reduced damages. This process ensures that the award of damages aligns more closely with what the court considers just and reasonable under the evidence. Kansas state statutes and case law govern the application of remittitur, and the specific procedures and requirements may vary depending on the court and the circumstances of the case.

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Civil procedure

remittitur

Individual & Family Legal Plan

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Kansas State Code

Kansas State Code

Civil procedure

remittitur

Articles