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 Minnesota, remittitur refers to the process by which a judge may order a new trial or propose a reduction in the amount of damages awarded by a jury if the judge finds the award to be excessive. If the plaintiff agrees to the reduced amount, they may avoid a new trial. This agreement is formalized through a written and signed document that the plaintiff files with the court clerk, indicating their acceptance of the reduced damages. If the plaintiff does not accept the remittitur, they may face a new trial where the damages will be reassessed. This process is governed by Minnesota state statutes and case law, which provide the legal framework for when and how a remittitur can be ordered by the court.