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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 West Virginia, 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 amount of damages or undergoing a new trial. This process is intended to correct a jury's award that appears to be influenced by passion, partiality, prejudice, or some other improper factor. The plaintiff must agree to the reduced amount; otherwise, a new trial may be ordered. The term 'remittitur' also refers to the document that the plaintiff files to formally accept the reduced damages. West Virginia courts have the authority to suggest a remittitur, but they cannot force a plaintiff to accept it without the plaintiff's consent. If the plaintiff does not consent to the remittitur, the court may order a new trial on the damages issue.

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Civil procedure

remittitur

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Civil procedure

remittitur