What is a remittitur?
A remittitur is a legal document used in civil procedure in the state of Texas which permits a court to modify a jury verdict in a civil case. It is a way to reduce or “remit” the amount of damages awarded by the jury. A remittitur can be issued when the jury’s award of damages is deemed excessive. This can happen when a court finds that the award is not supported by the evidence presented during trial. The party who filed the lawsuit, known as the plaintiff, must accept the remittitur or risk losing the case altogether. If accepted, the plaintiff will have to settle for a lesser sum than the jury originally awarded. This means that the defendant does not have to pay the amount the jury initially determined. A remittitur also has the benefit of avoiding a new trial. The court’s modification of the jury’s verdict is binding, so the parties do not have to go through all the rigors of a new trial.
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