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What is Remittitur? A Comprehensive Guide to Its Legal Meaning
Definition & Meaning
Remittitur is a legal term that has two primary meanings. In the context of jury verdicts, it refers to a judge's decision to reduce the amount of damages awarded by a jury when that amount exceeds what the plaintiff requested. In appellate law, remittitur describes the process where an appellate court sends a case back to the trial court. This can occur for a retrial or to allow the trial court to issue an order that aligns with the appellate court's findings. Essentially, remittitur transfers jurisdiction back to the trial court after the appellate court has resolved the appeal.
Table of content
Legal Use & context
Remittitur is primarily used in civil law, especially in cases involving personal injury or damages. It serves as a mechanism for judges to ensure that jury awards are reasonable and within the bounds of the law. In appellate procedures, remittitur is a crucial step in the appeals process, allowing trial courts to act on appellate court decisions. Users can often manage related forms and processes through resources like US Legal Forms, which provide templates for filing motions or responses regarding remittitur.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A jury awards a plaintiff $500,000 for damages in a personal injury case, but the judge believes the evidence only supports an award of $300,000. The judge issues a remittitur, reducing the award to $300,000.
Example 2: After an appellate court reviews a case and finds that the trial court made an error, it may send the case back with a remittitur order, instructing the trial court to correct the error and conduct a new trial. (hypothetical example)
State-by-state differences
State
Remittitur Process
California
Allows judges to issue remittitur in civil cases to reduce excessive jury awards.
Florida
Judges can grant remittitur, but it is less common; appeals often lead to new trials instead.
New York
Remittitur is frequently used to adjust jury awards that exceed reasonable limits.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Differences
Remittitur
Reduction of a jury's award by a judge or sending a case back to trial.
Focuses on adjusting awards or returning cases to trial.
New Trial
A complete retrial of a case due to errors in the original trial.
Involves starting over rather than adjusting the award.
Appeal
A request for a higher court to review a lower court's decision.
Does not involve adjusting awards directly; focuses on legal errors.
Common misunderstandings
What to do if this term applies to you
If you find yourself involved in a case where remittitur may be relevant, consider the following steps:
Review the jury's award and determine if it seems excessive based on the evidence presented.
Consult with a legal professional to understand your options regarding remittitur.
Explore US Legal Forms for templates that may assist you in filing motions or responses related to remittitur.
If the situation is complex, seeking professional legal advice is recommended.
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