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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 Tennessee, remittitur refers to a legal process where a judge may reduce the amount of damages awarded by a jury if the judge finds the award to be excessive. The judge can suggest a lower amount and give the plaintiff the option to accept the reduced award or opt for a new trial. This process is intended to correct jury awards that appear to be unreasonable or not supported by the evidence. If the plaintiff agrees to the reduced amount, they must file a remittitur document, which is a formal acceptance of the lower award. This process is governed by Tennessee state statutes and case law, and it is designed to ensure that damage awards are fair and just. If the plaintiff does not accept the remittitur, the case may proceed to a new trial to determine damages.

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Civil procedure

remittitur

Individual & Family Legal Plan

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Tennessee State Code

Tennessee State Code

Civil procedure

remittitur

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