Remittitur

A remittitur is a ruling by a judge (usually upon motion to reduce or throw out a jury verdict) lowering the amount of damages granted by a jury in a civil case. Usually, this is because the amount awarded exceeded the amount demanded. The term is sometimes used for a reduction in awarded damages even when the amount awarded did not exceed the amount demanded, but is otherwise considered excessive. An example of the latter is the high-profile file-sharing court case Capitol v. Thomas.

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.^[1] Notably, 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.

See also

• Additur is a raising of the jury verdict. It is not allowed in the United States federal system due to Dimick v. Schiedt, 293 U.S. 474 (1935),^[2] but certain states continue to allow it.

References

2. "Dimick v. Scheidt, 293 U.S. 474 (1935)". Google Scholar. Retrieved 2010-10-24.