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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 Michigan, remittitur is a legal concept where a judge may reduce the amount of damages awarded by a jury if the judge finds that the jury's award is excessive and not supported by the evidence. The judge can offer the plaintiff the choice of accepting a lower award (the remittitur amount) or facing a new trial. This process is intended to correct a jury's award that appears to be influenced by passion, prejudice, or other improper considerations. If the plaintiff agrees to the remittitur, they must file a written and signed document with the court clerk indicating their acceptance of the reduced award. If the plaintiff does not accept the remittitur, the court may order a new trial on the damages issue. Michigan courts have established criteria for when remittitur is appropriate, and the process is governed by state case law and court rules. It is important for parties involved in litigation to consult with an attorney to understand the implications of a remittitur and the options available to them.

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Civil procedure

remittitur

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Civil procedure

remittitur