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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 South Carolina, 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 suggest a lower amount, and the plaintiff must then decide whether to accept the reduced award or proceed with a new trial. If the plaintiff agrees to the reduced amount, they may file a remittitur, which is a formal acknowledgment of their acceptance of the lower damages. This process is governed by South Carolina case law and procedural rules, and it aims to ensure that damage awards are in line with what is considered reasonable and just under the law.

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Civil procedure

remittitur

Individual & Family Legal Plan

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South-Carolina State Code

South-Carolina State Code

Civil procedure

remittitur

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