What is a remittitur?

A remittitur is a legal action taken under civil procedure in Delaware. It is a court order that reduces the amount of a jury award or settlement that is deemed to be too high or excessive. The court orders the plaintiff to reduce the amount to a less excessive amount, usually only if the amount exceeds what is deemed to be reasonable compensation for the damages. The plaintiff has a choice to either accept the remittitur or reject it, in which case the case may be retried or sent to appeal. In cases of remittitur, the court uses its own discretion to determine what amount is reasonable compensation for damages, and the result can be difficult to anticipate. Complicating matters even further, Delaware courts have traditionally allowed the opposing party to be involved in the discussion regarding what is a reasonable amount. In practical terms, a remittitur is important because it can be an effective way to reduce the amount of a large or excessive judgment, while still allowing the plaintiff to receive some much-needed compensation for its damages. However, it can also be a difficult decision for a plaintiff to make, as reducing the amount of damages may mean that they receive less than the amount they legally deserve.

Related FAQs

What is a deposition?
What are the grounds for a restraining order?
What is a motion for reconsideration?
What is a motion for a preliminary injunction?
What is the difference between a motion for a new trial and a motion for judgment notwithstanding the verdict?
What is a discovery request?
What are the rules for alternative dispute resolution?
What is the difference between a settlement conference and a motion for summary judgment?
What is subpoena?
What is the difference between civil and criminal procedure?

What is a remittitur?

Related FAQs

Related Blog Posts