In United States law, remittitur (Latin: "it is sent back") is a ruling by a judge (usually following a motion to reduce or throw out a jury verdict) lowering the amount of damages granted by a jury in a civil case.[1] The term is sometimes used where a judgment exceeds the amount demanded by the prevailing party, or for a reduction in awarded damages even when the amount awarded did not exceed the amount demanded but is otherwise considered excessive.[2] The term originally denoted a procedural device in English common law, although it has long fallen into disuse in England and other common law jurisdictions, and it has evolved in American use to serve a different function than it originally performed in England.
If the motion is granted, the plaintiff may either accept the reduced verdict or submit to a new trial restricted to the matter of damages.
The term is also sometimes used in place of "remand" or a mandate—that is, moving a case from a higher court to a lower court.[3] Under California law, the Court of Appeal issues a remittitur after an appeal is heard and decided. In contrast, the U.S. federal Courts of Appeals issue a mandate. In this sense, the term is also sometimes used in other common law jurisdictions such as Australia.[4]
^Barr, Stanley G. (March 1962). "Procedure – The Power of a Trial Judge to Order a Remittitur After a Jury Verdict for Personal Injuries a Jury Verdict for Personal Injuries". William & Mary Law Review. 3 (2): 516. Retrieved 30 August 2021.
^Hultin, Casey (2013). "Remittitur and Copyright" (PDF). Berkeley Technology Law Journal. 28: 715. Retrieved 30 August 2021.
^Smith, Eugene L. (1960). "Texas Remittitur Practice". SMU Law Review. 14 (2): 157. Retrieved 30 August 2021.
^"Mann & Anor v Paterson Constructions Pty Ltd [2019] HCATrans 92 (14 May 2019)". austlii.edu.au. Retrieved 27 August 2021.
In United States law, remittitur (Latin: "it is sent back") is a ruling by a judge (usually following a motion to reduce or throw out a jury verdict) lowering...
punitive damages. The judge subsequently granted a defense motion for remittitur, reducing the award by $47.5 million. Take Care of Maya premiered at the...
practice, including California and New Jersey. It is the opposite of remittitur, which is allowed in federal law. Although this is a rarely used procedure...
discretion by not suggesting a remittitur (reduction of damages). It would allow the verdict to stand if Pennzoil filed a remittitur of two billion dollars,...
over state sovereignty. Many legal scholars attribute the development of remittitur in American law – a procedural device by which the trial judge can reduce...
new trial (appeal): "Mr. Trump's motion for a new trial on damages or a remittitur (Dkt 204) is denied." The video was recorded in September 2005 in the...
judge should have avoided the constitutional issue by first considering remittitur. The Supreme Court refused to hear Tenenbaum's appeal arguing against...
Sosnov, awarding compensatory and punitive damages. Following a grant of remittitur, the case was settled on appeal on undisclosed terms. Kairys, David (2009)...
(2006) [49 Cal.Rptr.3d 675] Subsequent history Rehearing and Stay of Remittitur Denied June 4, 2008 Holding Sexual orientation is recognized as a suspect...
for its decision. In some jurisdictions the mandate is known as the "remittitur". The result of an appeal can be: Affirmed: Where the reviewing court...
jurisdictions, a defendant who is dissatisfied with a large judgment may move for remittitur. Either side may take an appeal from the judgment. Expert witnesses must...
liability was well established. Alternately, the judge could order additur or remittitur, requiring the other party to either accept a stated award of a higher...
Ninth Circuit ordered the case remanded back to the district court for remittitur regarding the issue of both economic and non-economic damages with the...
Global Information