Legal Definitions - Remittitur

Remittitur is a court order that allows a plaintiff to accept a reduced damage award or conviction instead of going through a new trial. It is used when a jury's decision is considered excessive or unfair. The term comes from the Latin word "to send back, to remit."

For example, if a jury awards a plaintiff $1 million in damages, but the judge thinks that amount is too high, the judge can order a remittitur. The plaintiff can then choose to accept a lower amount, say $500,000, or go through a new trial.

Remittitur is most commonly used in civil cases where the judgment involves monetary damages, but it can also occur in criminal cases. For instance, if a defendant is found guilty of a serious crime, but the evidence suggests a lesser crime, the court may offer a remittitur to convict the defendant of the lesser crime instead.

Before a court can grant a remittitur, certain criteria must be met. These include:

• Unliquidated damages are assessed by a jury
• The verdict is not influenced by passion or prejudice
• The award is excessive
• The plaintiff agrees to the reduction in damages

Some jurisdictions allow plaintiffs to appeal remittiturs, while others do not. For example, the "Wisconsin rule" allows plaintiffs to appeal if the opposing party appeals any issue. However, Oregon does not allow remittitur at all, as it violates the state's constitution.