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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 Florida, remittitur is a legal concept where a court can reduce the amount of damages awarded by a jury if it finds the award to be excessive and not supported by the evidence. The court may order a new trial or suggest a lower amount. If the plaintiff accepts the reduced amount, this is often formalized through a written and signed document filed with the court clerk, indicating their agreement to the reduced damages. This process allows the plaintiff to avoid the uncertainty and expense of a new trial. However, if the plaintiff does not agree to the remittitur, they can choose to proceed with a new trial. Florida courts follow specific procedural rules for remittitur under the Florida Rules of Civil Procedure, and case law further refines how and when remittitur can be applied.

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Civil procedure

remittitur

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Civil procedure

remittitur

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