Civil Procedure II

Remittitur

Remittitur is when the judge reduces damages below what the jury awarded.

It is permissible as long as the court offers the plaintiff the choice between the reduction and a new trial.

• In essence, the court is informing the plaintiff that the damages award is "against the great weight of the evidence" and that he will order a new trial unless the plaintiff agrees to an amount believed to be supported by the evidence.
• An exception is punitive damages, which a judge can reduce without asking the plaintiff.