What is a remittitur?
A remittitur is a legal term used in civil procedure in Indiana. It is an order from a court to reduce the amount of a damages award because it is higher than what is deemed appropriate for the particular case. For example, if a jury awards a plaintiff $500,000 in damages, but the presiding judge believes the award is too high, he or she could issue a remittitur to reduce it to a more reasonable amount, say $250,000. The remittitur must be accepted by the plaintiff in order to reduce the damages award. If the plaintiff refuses, then the jury’s original damages award remains in effect. In some cases, a remittitur can also be issued to increase an award. In this case, the defendant must accept the remittitur in order for the damages award to increase.
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