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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 Wisconsin, 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 is excessive and not supported by the evidence. The judge can offer the plaintiff the choice between accepting a lower award (the remittitur) or undergoing a new trial. This process is governed by Wisconsin statutes and case law. If the plaintiff agrees to the reduced amount, they may file a remittitur document with the court, formally accepting the reduced damages. If the plaintiff does not accept the remittitur, the court may order a new trial on the damages. This procedure is intended to correct awards that are deemed to be unreasonable without the necessity of a full retrial.

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Civil procedure

remittitur

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Wisconsin State Code

Wisconsin State Code

Civil procedure

remittitur

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