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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 Nebraska, 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 is excessive and not supported by the evidence. The judge can offer the plaintiff the choice of accepting a lower amount of damages or undergoing a new trial. This process is intended to correct a jury's award that appears to be influenced by passion, prejudice, or other considerations not grounded in the evidence presented at trial. If the plaintiff agrees to the reduced amount, they must file a remittitur, which is a formal acceptance of the reduced award. This process is governed by Nebraska state statutes and case law, and it is designed to ensure that damage awards are fair and reasonable, reflecting the actual harm suffered by the plaintiff.

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Civil procedure

remittitur

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Nebraska State Code

Nebraska State Code

Civil procedure

remittitur

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