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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 New Hampshire, 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 that the evidence supports. This is done to avoid a new trial on the grounds of excessive damages. The judge may offer the plaintiff the choice between accepting a lower award (the remittitur) or undergoing a new trial. If the plaintiff agrees to the remittitur, they must file a written and signed document with the court clerk indicating their acceptance of the reduced damages. This process allows the court to correct awards that appear to be influenced by passion, partiality, or prejudice, ensuring that the award aligns with the factual evidence presented during the trial. The use of remittitur is governed by New Hampshire state statutes and case law, and it is subject to appellate review to ensure that the reduction is not arbitrary or unjust.

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Civil procedure

remittitur

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New-Hampshire State Code

Civil procedure

remittitur

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