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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 Virginia, 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 is excessive or not supported by the evidence. The judge can suggest a lower amount and, if the plaintiff accepts the reduced sum, the court will enter the reduced award as the final judgment. If the plaintiff does not accept the remittitur, then the court may order a new trial. This process allows the court to correct a jury award that appears to be unjust without the necessity of a full retrial. The plaintiff must make a decision to either accept the reduced award or proceed with a new trial. The term 'remittitur' also refers to the document that the plaintiff files to indicate acceptance of the reduced damages. Virginia state statutes and case law govern the application of remittitur, and the process is subject to the oversight of appellate courts to ensure that the reduction is not the result of judicial overreach.

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Civil procedure

remittitur

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Civil procedure

remittitur

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