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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 York, remittitur is a legal concept where a judge finds that a jury's damage award exceeds what would be considered reasonable compensation based on the evidence presented. The judge may then order a new trial or offer the plaintiff the option to accept a reduced amount of damages. If the plaintiff agrees to the reduced sum, they may file a remittitur, which is a formal document indicating their acceptance of the lower award. This process allows the plaintiff to avoid the uncertainty and expense of a new trial while still receiving compensation. The use of remittitur is governed by New York case law and procedural rules, and it is typically applied in cases where the jury's award is deemed excessive in light of the factual circumstances of the case.

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Civil procedure

remittitur

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Civil procedure

remittitur

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