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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 Dakota, remittitur is a legal process 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. If the plaintiff agrees to the reduced amount, they can avoid the expense and time of a new trial. However, if the plaintiff does not consent to the remittitur, then a new trial may be ordered. The term 'remittitur' also refers to the document that the plaintiff files to formally accept the reduced award. South Dakota state statutes and case law govern the application of remittitur, and the process is subject to the oversight of the appellate courts to ensure that the reduction is not the result of judicial bias or other improper considerations.

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Civil procedure

remittitur

Individual & Family Legal Plan

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South-Dakota State Code

South-Dakota State Code

Civil procedure

remittitur

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