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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 Pennsylvania, remittitur refers to the process by which a court can reduce the amount of damages awarded by a jury if it finds the award to be excessive and not in line with the evidence presented. The court may order a new trial or suggest a lower amount of damages. If the plaintiff agrees to the reduced amount, they may file a remittitur, which is a formal acceptance of the reduced damages. This process allows the plaintiff to avoid the uncertainty and expense of a new trial. However, if the plaintiff does not accept the remittitur, they can choose to proceed with a new trial in hopes of achieving the same or a greater award. The use of remittitur is subject to appellate review, and the appellate courts will examine whether the trial court abused its discretion in ordering the remittitur.

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Civil procedure

remittitur

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Pennsylvania State Code

Pennsylvania State Code

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Civil procedure

remittitur