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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 Massachusetts, 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 amount that could be justified by the evidence presented at trial. The judge may offer the plaintiff the choice between accepting a lower award or undergoing a new trial. This process is intended to correct a jury award that appears to be excessive without the need for a complete retrial. If the plaintiff agrees to the reduced amount, they may file a remittitur document with the court, formally accepting the reduced damages. The use of remittitur is governed by Massachusetts case law and procedural rules, and it is subject to appellate review to ensure that the reduction is not an abuse of the judge's discretion.

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Civil procedure

remittitur

Individual & Family Legal Plan

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Massachusetts State Code

Massachusetts State Code

Civil procedure

remittitur

Articles