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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 Montana, remittitur is a legal concept that allows a judge to reduce the amount of damages awarded by a jury if the judge finds that the award is excessive or not supported by the evidence. The judge may offer the plaintiff the option of accepting a lower amount of damages or facing a new trial. This process is intended to correct jury awards that appear to be influenced by passion, prejudice, or other improper considerations. If the plaintiff agrees to the reduced amount, they may file a remittitur, which is a formal acceptance of the reduced damages. Montana state statutes and case law govern the application of remittitur, and the process is subject to the rules of civil procedure. It is important for parties involved in litigation to consult with an attorney to understand the implications of accepting a remittitur and the potential for a new trial.

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Civil procedure

remittitur

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Montana State Code

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Civil procedure

remittitur

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