Select your state

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 Maine, 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 supported by the evidence. This process is intended to correct a jury's award that appears to be the result of passion, prejudice, or another improper basis. The judge can offer the plaintiff the choice between accepting a lower, court-determined award or undergoing a new trial. If the plaintiff agrees to the reduced amount, they may file a remittitur document with the court clerk, formally accepting the reduced damages. Maine follows the common law tradition regarding remittitur, and the specifics of how it is applied can be found in state case law and court rules. It is important to note that the use of remittitur may be subject to appellate review, and the standards for its application can vary based on the circumstances of each case.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Civil procedure

remittitur

Individual & Family Legal Plan

Articles

Maine State Code

Maine State Code

Civil procedure

remittitur

Articles