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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 Louisiana, 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 what the evidence supports. This process is designed to correct a jury's award that appears to be excessive without the need for a new trial. The judge will propose a lower, more reasonable amount of damages, and the plaintiff must then decide whether to accept the reduced award or opt for a new trial. If the plaintiff agrees to the reduced amount, they may file a remittitur, which is a formal acknowledgment of their acceptance of the lower damages. This process allows for the correction of jury awards that are deemed excessive while avoiding the time and expense of a new trial. Louisiana courts follow their own state statutes and procedural rules regarding remittitur, which are consistent with the general principles of this legal remedy.

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Civil procedure

remittitur

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Louisiana State Code

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Civil procedure

remittitur

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