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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 Mississippi, remittitur is a legal process where a judge may reduce the amount of damages awarded by a jury if the judge finds that the award exceeds the amount that the evidence supports. The judge can offer the plaintiff the option of accepting a lower award (the remittitur) or facing a new trial. This is done to avoid a new trial when the judge believes the jury's award was excessive but the liability finding was not in question. If the plaintiff accepts the remittitur, they must file a written and signed document with the court clerk indicating their agreement to the reduced amount. If the plaintiff does not accept the remittitur, a new trial on damages may be ordered. The use of remittitur is governed by Mississippi case law and procedural rules, and it is intended to ensure that damage awards are in line with what is considered reasonable and just under the law.

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Civil procedure

remittitur

Individual & Family Legal Plan

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Mississippi State Code

Mississippi State Code

Civil procedure

remittitur

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