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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 Utah, remittitur is a legal concept 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 offer the plaintiff the choice between accepting a lower, court-determined award or undergoing a new trial. This process is intended to correct a jury's award that appears to be influenced by passion, prejudice, or another improper factor. The plaintiff must decide whether to accept the reduced amount or proceed with a new trial. If the plaintiff agrees to the reduced amount, they may file a remittitur document with the court clerk, formally accepting the reduced damages. Utah courts follow the state's rules of civil procedure and relevant case law when determining whether to order a remittitur.

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Civil procedure

remittitur

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Civil procedure

remittitur

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