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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 Georgia, 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 exceeds the evidence presented at trial. This process is intended to correct a jury's award that appears to be influenced by bias, passion, prejudice, or a misunderstanding of the law. The judge can suggest a lower amount, and the plaintiff must then decide whether to accept the reduced award or opt for a new trial. If the plaintiff agrees to the reduced amount, they may file a remittitur, which is a formal acknowledgment of their acceptance of the lower damages. This process is governed by Georgia state statutes and case law, and it aims to ensure that damage awards are in line with legal standards and the evidence of the case.

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Civil procedure

remittitur

Individual & Family Legal Plan

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Civil procedure

remittitur

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