Remittitur | Practical Law

Remittitur | Practical Law

Remittitur

Remittitur

Practical Law Glossary Item 3-600-1247 (Approx. 2 pages)

Glossary

Remittitur

A procedure by which a court reduces the amount of damages awarded by the jury (compare to additur). After a jury verdict, a party may move for remittitur instead of a new trial if the court finds the award to be excessive. Typically, courts grant remittitur if an award is so unreasonably high that it amounts to a miscarriage of justice. Courts generally reduce excessive awards to the highest amount of damages that the jury reasonably could have awarded based on the evidence.
The term "remittitur" has a secondary meaning in some jurisdictions. For example, in California, a remittitur is the document by which the reviewing court returns jurisdiction to the lower court for further proceedings (Cal. Rules of Court, rule 8.272 and 8.540).