What is a remittitur?

A remittitur is a legal term used in civil procedure in Massachusetts. It is an order from a court that reduces the amount of damages (monetary or otherwise) awarded to a plaintiff in a civil lawsuit. This order may be granted when the court believes the damages awarded may be too high. The court will reduce the amount of damages to a lower, more reasonable sum. This amount will be accepted by the defendant as the final payment, and the case will be closed. Remittitur is an important tool for the courts to ensure that an appropriate amount of compensation is granted to a plaintiff. It allows the court to ensure that the damages that a plaintiff receives are fair and reasonable, given the nature of the case. This helps to ensure that justice is served, as well as protecting both the plaintiff and the defendant from having to pay an overly large sum of money. In Massachusetts, a remittitur can be granted on the grounds of “excessive damages”, “unjust compensation”, or the “mere fact of inadequacy.” To obtain a remittitur, the defendant must make a formal motion to the court. The court may then choose to grant the motion if it can be established that the damages awarded are excessive. Overall, a remittitur is an important tool that courts can use in civil procedure in Massachusetts to ensure fairness in the legal system. It helps to protect both the plaintiff and the defendant from unreasonable amounts of damages or compensation.

Related FAQs

What is a motion for a new trial?
What is a motion in limine?
What are the different types of civil actions?
What is a motion for injunctive relief?
What is a settlement conference?
What is the motion stage of civil procedure?
What is civil procedure?
What is the difference between interrogatories and requests for production of documents?
What are the rules of evidence in civil procedure?
What is a motion for a directed verdict?

Related Blog Posts

Understanding Civil Procedure Basics - July 31, 2023
Navigating the Complexities of Civil Procedure Rules - August 7, 2023
Step-By-Step Guide to Civil Procedure Process - August 14, 2023
Identifying Deadlines in Civil Procedure - August 21, 2023
Different Types of Civil Procedure Strategies - August 28, 2023